Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 76

Order for leave

             (1)  The Supreme Court of a State in which a subpoena is issued may, on application, give leave to serve the subpoena outside the State.

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

                     (a)  the evidence likely to be given by the person to whom the subpoena is addressed, or a document or thing specified in the subpoena, is relevant to the performance by the tribunal of the investigative function concerned; and

                     (b)  if the evidence, document or thing may constitute or contain evidence that relates to matters of state--it is in the public interest that the evidence be given or the document or thing be produced.

             (3)  In granting an application, the court:

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

                     (b)  may impose other conditions.



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