Commonwealth Consolidated Acts

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 57

             (1)  A court of a State in which a subpoena is issued may give leave to serve the subpoena outside the State.

             (2)  The court may give leave only if it is satisfied that:

                     (a)  the giving of the evidence likely to be given by the person to whom the subpoena is addressed, or the production of a document or thing specified in the subpoena, is necessary in the interests of justice; and

                     (b)  there will be enough time for the person:

                              (i)  to comply with the subpoena without hardship or serious inconvenience; and

                             (ii)  to make an application under section 61.

             (3)  In granting an application under this section, the court:

                     (a)  is to impose a condition that the subpoena not be served after a specified day; and

                     (b)  may impose other conditions.

             (4)  In this section:

"court" means:

                     (a)  in any case--a person who:

                              (i)  is a magistrate or judge; and

                             (ii)  is a member of, or constitutes, the tribunal that issued the subpoena; or

                     (b)  if the subject matter of the proceeding to which the subpoena relates has a monetary value or concerns a claim for payment of money:

                              (i)  the court that would have jurisdiction to the extent of that monetary value or the amount claimed; or

                             (ii)  where there is more than one such court--the court of more limited jurisdiction; or

                     (c)  if the subject matter of the proceeding does not have a monetary value and does not concern a claim for payment of money--a judge of any court, or a magistrate, of the place of issue of the subpoena.