SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 57 Order for leave
SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 57
Order for leave(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.
(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.