Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 36

Person may be examined without subpoena or other process

             (1)  The court may order a person who:

                     (a)  is present at the hearing of a proceeding; and

                     (b)  is compellable to give evidence in the proceeding;

to give evidence and to produce documents or things even if a subpoena or other process requiring the person to attend for that purpose has not been duly served on the person.

             (2)  A person so ordered to give evidence or to produce documents or things is subject to the same penalties and liabilities as if the person had been duly served with such a subpoena or other process.

             (3)  A party who inspects a document or thing produced to the court because of subsection (1) need not use the document in evidence.


 



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