SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 35 Entitlement to expenses
SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 35
Entitlement to expenses(1) A person served with the subpoena is entitled to payment of an amount equal to the reasonable expenses incurred by the person in complying with the subpoena.
(a) if the subpoena was issued at the request of a person--by that person; or
(b) in any other case--by the State in which the subpoena was issued.
(3) The court or authority that issued the subpoena may make orders to ensure that the person complying with the subpoena receives the exact amount of the person's reasonable expenses in so complying.
(4) If the subpoena was issued by a court, the orders may be made by an officer of the court if the rules governing the procedure of the court so provide.
(5) A reference in this section to the reasonable expenses incurred by a person in complying with a subpoena includes, in the case of a person under restraint, a reference to the reasonable expenses incurred by the person in complying with section 36 (whether or not the person was able to comply with the subpoena).
(6) Nothing in this section affects the operation of subsection
11AA(9) of the Christmas Island Act 1958 or subsection 15AC(9)
of the Cocos (Keeling) Islands Act 1955 .