Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 93

Orders for the execution of warrants

             (1)  The Supreme Court of the place of issue of a warrant (not being a warrant mentioned in paragraph 92(1)(a)) may, on application, make an order authorising the apprehension of the person named in the warrant.

             (2)  If the warrant was issued:

                     (a)  for the purpose of bringing the person before the tribunal to give evidence, or to produce a document or thing; and

                     (b)  in connection with the performance of an adjudicative function by the tribunal;

the court may make an order only if it is satisfied that the giving of the evidence likely to be given by the person, or the production of a document or thing specified in the warrant, is necessary in the interests of justice.

             (3)  If the warrant was issued:

                     (a)  for the purpose of bringing the person before the tribunal to give evidence, or to produce a document or thing; and

                     (b)  in connection with the performance of an investigative function of the tribunal;

the court may make an order only if it is satisfied that:

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

                     (d)  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.

             (4)  An order may be subject to specified conditions.

             (5)  The application of Division 1 to the warrant is subject to the conditions (if any) to which the order is subject.

             (6)  The requirement under section 83 to produce the warrant or a copy of the warrant (as that section applies in relation to the warrant because of this Division) includes a requirement to produce a copy of the order.



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