Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) This section applies if a person (the prospective witness ) fails to appear before a Court to give evidence or to produce evidentiary material as required by an evidentiary summons.
(2) The Court may, if satisfied by oral or affidavit evidence that the evidentiary summons was properly served:
(a) issue a summons calling on the prospective witness to show cause why the non-compliance with the summons should not be dealt with as a contempt of the Court; or
(b) issue a warrant to have the prospective witness arrested and brought before the Court.
(3) However, before the Court issues the warrant, the Court must also be satisfied:
(a) the prospective witness's non-compliance with the summons is without reasonable excuse; and
(b) if the evidentiary summons was issued on the application of a party to a proceeding (the applicant party ):
(i) the applicant party made, or attempted to make, appropriate arrangements for the prospective witness's travel and accommodation; and
(ii) the applicant party did everything necessary to comply with the party's obligations under any arrangements made for the prospective witness's travel and accommodation.
(4) The applicant party makes, or attempts to make, appropriate arrangements for a prospective witness's travel and accommodation if:
(a) a reasonable time before the prospective witness is required to comply with the summons the applicant party tenders to the prospective witness an amount sufficient to meet the reasonable expenses of the prospective witness's travel and accommodation; or
(b) the applicant party makes reasonable arrangements for the prospective witness's travel and accommodation and the prospective witness agrees to those arrangements in writing; or
(c) the applicant party proposes reasonable arrangements for the prospective witness's travel and accommodation, written notice of the proposal is given to the prospective witness a reasonable time before the prospective witness is required to comply with the summons and either of the following apply:
(i) the prospective witness fails to respond to the proposal within the time allowed in the notice;
(ii) in negotiation between the applicant party and the prospective witness, the prospective witness fails to agree to reasonable arrangements for the prospective witness's travel and accommodation (either on the terms proposed by the applicant party or on some reasonable modification of those terms); or
(d) a reasonable time before the prospective witness is required to comply with the summons the applicant party gives the prospective witness written notice inviting the prospective witness to contact the applicant party or a representative of the applicant party at a stated address so that reasonable arrangements may be agreed for the prospective witness's travel and accommodation and either of the following apply:
(i) the prospective witness fails to respond to the invitation within the time allowed in the notice;
(ii) in negotiation between the applicant party and the prospective witness, the applicant party proposes, but the prospective witness fails to agree to, reasonable arrangements for the prospective witness's travel and accommodation.
(5) The address stated in the notice mentioned in subsection (4)(d) must include a telephone number.
(6) The Court may, instead of, or as well as, issuing a warrant deal with non-compliance with the summons as a contempt of the Court.
(7) In this section:
"arrangements" for travel and accommodation means arrangements under which the applicant party bears the cost of the travel and accommodation.
"travel and accommodation" means travel and accommodation of a reasonable standard that a prospective witness will reasonably require to comply with an evidentiary summons, and includes the provision of meals.