An initiating process issued in a State may be served in another State.

Service on an individual must be effected in the same way as service of such an initiating process in the place of issue.

Service on a company or a registered body must be effected in accordance with section 9.

Service on any other body corporate must be effected in accordance with section 10.

Service on a body politic (for example, the Commonwealth or a State) must be effected in the same way in which process of the Supreme Court of the State in which service is to be effected may be served on the body politic.

If the person served is required or permitted to enter an appearance under a law of the place of issue, the period after service within which the person may enter an appearance is:

(1A) If, under a provision (the State provision) of the law of the place of issue, the period in which an appearance is required or permitted to be entered in respect of process served in the place of issue varies according to the distance of the place of service from another place, the period referred to in subparagraph (1)(a)(ii) is to be calculated by reference to the longest distance mentioned in the State provision.

The matters that the court must take into account in determining an application to allow a shorter period include:

An appearance entered after service of the initiating process must state an address within as an address for service.

The appearance is effective only if it contains an address for service.

The court of issue must set aside the appearance if, on application by the party by whom or on whose behalf the process was served, the court is satisfied that the address for service contained in the appearance is false or misleading.

Subsection (3) does not limit the court’s power to set aside an appearance.

For the purposes of this Act, if the appearance would not have been required to contain an address for service had the initiating process been served in the same State as the State of the court of issue:

The court may, on application by the person served, order that:

Subsection (1) does not limit the court’s power to make an order requiring security for costs.

This section does not apply in relation to a proceeding in which the Supreme Court of a State is the court of issue.

The person served may apply to the court of issue for an order staying the proceeding.

The court may order that the proceeding be stayed if it is satisfied that a court of another State that has jurisdiction to determine all the matters in issue between the parties is the appropriate court to determine those matters.

The matters that the court is to take into account in determining whether that court of another State is the appropriate court for the proceeding include:

The court’s order may be made subject to such conditions as the court considers just and appropriate in order to facilitate determination of the matter in issue without delay or undue expense.

The court may determine the application for an order without a hearing unless the applicant or a party objects.

For the purposes of determining the application, the court may hold a hearing by audio link or audiovisual link.

A person who is entitled to practise as a barrister, solicitor or both before a court in:

This section does not affect the court’s power to stay a proceeding on a ground other than the ground mentioned in subsection (3).

This section does not affect the operation of:

An initiating process issued in a State may be served in another State.

Service on an individual must be effected in the same way as service of such an initiating process in the place of issue.

Service on a company or a registered body must be effected in accordance with section 9.

Service on any other body corporate must be effected in accordance with section 10.

If the person served is required or permitted to do an act specified or referred to in the process not later than a particular day, service is only effective if the period between service and that day is not less than:

The matters that the court or authority is to take into account in determining an application to allow a shorter period include:

In this section:

court or authority means the court in which, or the authority before whom, the proceeding in relation to which an initiating process has been issued will or might be heard.

A process issued in a State, other than an initiating process or a subpoena, may be served in another State.

Service on an individual must be effected in the same way as service of such a process in the place of issue.

Service on a company or a registered body must be effected in accordance with section 9.

Service on any other body corporate must be effected in accordance with section 10.

Service on a body politic (for example, the Commonwealth or a State) must be effected in the same way in which process of the Supreme Court of the State in which service is to be effected may be served on the body politic.

A subpoena issued in a State by a court or an authority may be served in another State.

Service must be effected in the same way as service of a subpoena in the place of issue.

Service is effective only if the subpoena contains an address for service of the person (if any) at whose request the subpoena was issued.

Service of the subpoena is effective only if the period between service and the day on which the person to whom the subpoena is addressed is required to comply with the subpoena is not less than:

The court or authority may allow a shorter period only if it is satisfied that:

In granting an application, the court or authority:

Service of the subpoena is effective only if, at the time of service or at some other reasonable time before the person to whom the subpoena is addressed is required to comply with it, allowances and travelling expenses sufficient to meet the person’s reasonable expenses of complying with the subpoena are paid or tendered to the person.

(2) Nothing in this section affects the operation of subsection 11AA(9) of the Act 1958 or subsection 15AC(9) of the Cocos (Keeling) Act 1955.

This section applies if the person served with the subpoena has a right under the law of the place of issue to apply to a court or authority to set aside or obtain other relief in respect of the subpoena.

Without limiting the ways in which, under the law of the place of issue, the application may be made, it may be made by transmitting the application to the court or authority by fax.

Within 24 hours after making the application, the person must cause a copy of the application to be served on the person (if any) at whose request the subpoena was issued at the person’s address for service.

For the purposes of calculating the 24 hour period, a day that is:

Without limiting the ways in which, under the law of the place of issue, service may be effected, it may be effected by transmitting the copy to that address by fax.

The court or authority may determine the application without a hearing unless the applicant, or the person (if any) at whose request the subpoena was issued, objects.

For the purposes of determining the application, the court or authority may hold a hearing by audio link or audiovisual link.

A person who is entitled to practise as a barrister, solicitor or both before a court in:

If the subpoena only requires production of a document or thing, it may be complied with by delivering the document or thing, not less than 24 hours prior to the date for compliance, to the Registrar or Clerk:

If the subpoena is complied with in that way, the person to whom the subpoena is addressed is not required to attend the court or authority on the date for compliance.

A person served with the subpoena is entitled to payment of an amount equal to the reasonable expenses incurred by the person in complying with the subpoena.

The amount must be paid:

The court or authority that issued the subpoena may make orders to ensure that the person complying with the subpoena receives the exact amount of the person’s reasonable expenses in so complying.

If the subpoena was issued by a court, the orders may be made by an officer of the court if the rules governing the procedure of the court so provide.

A reference in this section to the reasonable expenses incurred by a person in complying with a subpoena includes, in the case of a person under restraint, a reference to the reasonable expenses incurred by the person in complying with section 36 (whether or not the person was able to comply with the subpoena).

(6) Nothing in this section affects the operation of subsection 11AA(9) of the Act 1958 or subsection 15AC(9) of the Cocos (Keeling) Act 1955.

Service of a subpoena under this Division on a person under restraint does not relieve the person from a restriction or obligation imposed by or under a law of a State on the person because the person is a person under restraint.

Subject to subsection (3), action may not be taken against a person under restraint in respect of failure to comply with a subpoena served on the person under this Division if:

Subsection (2) does not apply to action taken under this Act in relation to failure to comply with the subpoena.

The reference in subparagraph (2)(b)(i) to the supervisor of a person under restraint is a reference to:

A reference in subsection (2) to varying a restriction or obligation so as to allow a person to comply with a subpoena includes a reference to giving a consent or permission so as to allow the person so to comply.

If a person (other than a person under restraint) served with a subpoena under this Division fails to comply with the subpoena, a court or authority of the place of issue of the subpoena may issue such warrant as it might have issued had the subpoena been served in its place of issue.

If a person under restraint served with a subpoena under this Division fails to comply with the subpoena, a court or authority that could have issued a warrant under subsection (1) if the person were not a person under restraint may issue a warrant to have the person apprehended and brought before a court, authority or person to give evidence, or produce a document or thing, or both.

If a person under restraint served with a subpoena under this Division fails to comply with the subpoena and also fails to comply with section 36, a court or authority of the place of issue of the subpoena may, as an alternative to issuing a warrant under subsection (2), issue such warrant as it might have issued had the subpoena been served in its place of issue.

The court of issue or the authority of issue may order that the prisoner be produced at the time and place specified in the subpoena as the time and place at which compliance with the subpoena is required.

The court or authority may make an order only if it is satisfied that:

Before making an order the court or authority may:

An order:

Subject to any conditions specified under paragraph 39(4)(a), the order for production and the subpoena, or a copy of both the order and the subpoena, must be served on the custodian of the prisoner, together with a copy, or a further copy, of both the order and the subpoena for service on the prisoner.

Service of the order for production and subpoena must be effected in the same way as service of a subpoena in the place of issue.

Service of the order for production and subpoena is effective only if the subpoena contains an address for service of the person (if any) at whose request the subpoena was issued.

The custodian, or, if more than one person is the custodian of the prisoner, any such custodian, must comply with the order for production even if that custodian:

As soon as practicable after receiving the order for production and subpoena, the custodian must serve a copy of the order and a copy of the subpoena on the prisoner.

If:

The custodian need not comply with the order for production if the person to whom the subpoena is addressed is released from prison before the time for compliance.

Service of the order for production is effective only if, at the time of service or at some other reasonable time before the date for compliance with the order, there are paid or tendered to the custodian the allowances and travelling expenses that would have been required under section 32 to have been paid or tendered to the prisoner if he or she were not in prison.

If, before the time for compliance with the order for production, the person to whom the order relates is released from prison:

This section applies if the prisoner has a right under the law of the place of issue to apply to a court or authority to set aside or obtain other relief in respect of the subpoena.

Without limiting the ways in which, under the law of the place of issue, the application may be made, it may be made by transmitting the application to the court or authority by fax.

Within 24 hours after making the application, the prisoner must cause a copy of the application to be served on the person (if any) at whose request the subpoena was issued at the person’s address for service.

For the purposes of calculating the 24 hour period, a day that is:

Without limiting the ways in which, under the law of the place of issue, service may be effected, it may be effected by transmitting the copy to that address by fax.

The court or authority may determine the application without a hearing unless the prisoner, or the person (if any) at whose request the subpoena was issued, objects.

For the purposes of determining the application, the court or authority may hold a hearing by audio link or audiovisual link.

A person who is entitled to practise as a barrister, solicitor or both before a court in:

If the court or authority sets aside or grants other relief in respect of the subpoena, it is to make any necessary consequential order in respect of the order for production.

Subject to subsection (2), the court or authority that made the order for production may, on application by the custodian or the prisoner, set aside or vary the order.

The prisoner may only make an application on the ground that compliance with the order would have a substantial detrimental effect on his or her health or safety.

Without limiting the ways in which, under the law of the place of issue, the application may be made, it may be made by transmitting the application to the court or authority by fax.

Within 24 hours after making the application, the applicant must cause copies of the application to be served:

For the purposes of calculating the 24 hour period, a day that is:

Without limiting the ways in which, under the law of the place of issue, service on the person under paragraph (4)(a) may be effected, it may be effected by transmitting the copy to that address by fax.

Without limiting the matters that the court or authority may take into account in determining the application, the court or authority is to take into account:

The court or authority may determine the application without a hearing unless the custodian, the prisoner, or the person (if any) at whose request the subpoena was issued, objects.

For the purposes of determining the application, the court or authority may hold a hearing by audio link or audiovisual link.

A person who is entitled to practise as a barrister, solicitor or both before a court in:

If the court or authority sets aside or varies the order for production, it is to make any necessary consequential order in respect of the subpoena.

A person who has incurred reasonable expenses as a result of compliance (by that person or another person) with the order for production is entitled to payment of an amount equal to those expenses.

The amount must be paid:

The court or authority that issued the order for production may make orders to ensure that the person who incurred those expenses receives the exact amount of those expenses.

If the subpoena was issued by a court, the orders may be made by an officer of the court if the rules governing the procedure of the court so provide.

(5) Nothing in this section affects the operation of subsection 11AA(9) of the Act 1958 or subsection 15AC(9) of the Cocos (Keeling) Act 1955.

The custodian of the prisoner, and any escort of the prisoner arranged by the custodian, have:

Without limiting subsection (1), the custodian or the escort may, in any State, require that a person in charge of a prison in the State:

The person so required must comply with such requirements as are reasonable.

Subject to any conditions specified in writing by the custodian as conditions to be complied with while the prisoner is outside the State in which he or she was in prison, the law in force in the State that relates to the liability of a person who escapes from lawful custody applies to the prisoner while the prisoner is outside the State for the purposes of compliance with the order for production.

Subsection (4) does not apply to lawful custody in respect of an offence against a law of the Commonwealth.

A person who is serving a sentence of imprisonment in a State is taken to be serving that sentence while the person is outside the State for the purposes of compliance with the order for production so long as the person remains in the custody of the custodian or escort, or in custody arranged by the custodian or escort.

An initiating process issued in a State may be served in another State.

Service on an individual must be effected in the same way as service of such an initiating process in the place of issue.

Service on a company or a registered body must be effected in accordance with section 9.

Service on any other body corporate must be effected in accordance with section 10.

Service on a body politic (for example, the Commonwealth or a State) must be effected in the same way in which process of the Supreme Court of the State in which service is to be effected may be served on the body politic.

If the person served is required or permitted to enter an appearance under a law of the place of issue, the period after service within which that person may enter an appearance is:

If the law of the place of issue does not provide for a procedure by which the person served may enter an appearance, a step is not to be taken in the proceeding before the end of a period of 21 days, or such shorter period as the tribunal, on application, allows, after service of the process.

The matters that the tribunal must take into account in determining an application to allow a shorter period include:

An appearance entered after service of the initiating process must state an address within as an address for service.

The appearance is effective only if it contains an address for service.

The tribunal must set aside the appearance if, on application by the party by whom or on whose behalf the process was served, the tribunal is satisfied that the address for service contained in the appearance is false or misleading.

Subsection (3) does not limit the tribunal’s power to set aside an appearance.

For the purposes of this Act, if the appearance would not have been required to contain an address for service had the initiating process been served in the same State as the State in which the tribunal is established:

If the tribunal has power, under a law of the place of issue, to make an order for costs in the proceeding, the tribunal may, on application by the person served, order that:

If the tribunal’s power to make an order for costs in a proceeding is limited as to amount, an order under paragraph (1)(a) that requires security to be given in excess of that amount is ineffective to the extent of the excess.

Subsection (1) does not limit the tribunal’s power to make an order requiring security for costs.

A process issued in a State, other than an initiating process or a subpoena, may be served in another State.

Service on an individual must be effected in the same way as service of such a process in the place of issue.

Service on a company or a registered body must be effected in accordance with section 9.

Service on any other body corporate must be effected in accordance with section 10.

Service on a body politic (for example, the Commonwealth or a State) must be effected in the same way in which process of the Supreme Court of the State in which service is to be effected may be served on the body politic.

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

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

In granting an application under this section, the court:

In this section:

court means:

If such leave is given, a subpoena issued in a State by a tribunal may be served in another State.

Service must be effected in the same way as service of a subpoena in the place of issue.

Service is effective only if the subpoena contains an address for service of the person (if any) at whose request the subpoena was issued.

This section applies if a person has a right under the law of the place of issue to apply to the tribunal or a court to set aside or obtain other relief in respect of the subpoena.

Without limiting the ways in which, under the law of the place of issue, the application may be made, it may be made by transmitting the application to the tribunal or court by fax.

Within 24 hours after making the application, the person must cause a copy of the application to be served on the person (if any) at whose request the subpoena was issued at the person’s address for service.

For the purposes of calculating the 24 hour period, a day that is:

Without limiting the ways in which, under the law of the place of issue, service may be effected, it may be effected by transmitting the copy to that address by fax.

The tribunal or court may determine the application without a hearing unless the applicant, or the person (if any) at whose request the subpoena was issued, objects.

For the purposes of determining the application, the tribunal or court may hold a hearing by audio link or audiovisual link.

A person who is entitled to practise as a barrister, solicitor or both before a court in:

If the subpoena only requires production of a document or thing, it may be complied with by delivering the document or thing, not less than 24 hours before the date for compliance, to the person holding the office (however described) of secretary of the tribunal.

If the subpoena is complied with in that way, the person to whom the subpoena is addressed is not required to attend the tribunal on the date for compliance.

A person served with the subpoena is entitled to payment of an amount equal to the reasonable expenses incurred by the person in complying with the subpoena.

The amount must be paid:

If the tribunal is empowered to determine the amount that a person is to be paid for expenses and so determines, the amount of the expenses reasonably incurred by the person is taken to be the amount so determined.

Subject to subsection (5), if subsection (3) does not apply, the amount of the expenses reasonably incurred by a person (other than the reasonable expenses (if any) incurred by the person in complying with section 64) is taken to be the amount that the person would be entitled to be paid if the subpoena had been issued by the Supreme Court of the place of issue in connection with proceedings before that court.

If a law of the place of issue fixes the amount to be paid to the person for expenses, that amount is taken to be the amount of the expenses reasonably incurred (other than the reasonable expenses (if any) incurred by the person in complying with section 64).

A reference in this section to the reasonable expenses incurred by a person in complying with a subpoena includes, in the case of a person under restraint, a reference to the reasonable expenses incurred by the person in complying with section 64 (whether or not the person was able to comply with the subpoena).

Service of a subpoena under this Subdivision on a person under restraint does not relieve the person of an obligation imposed by or under a law of a State on the person because the person is a person under restraint.

Subject to subsection (3), action may not be taken against a person under restraint in respect of failure to comply with a subpoena served on the person under this Subdivision if:

Subsection (2) does not apply to action taken under this Act in relation to failure to comply with the subpoena.

The reference in subparagraph (2)(b)(i) to the supervisor of a person under restraint is a reference to:

A reference in subsection (2) to varying a restriction or obligation so as to allow a person to comply with a subpoena includes a reference to giving a consent or permission so as to allow the person so to comply.

If a person (other than a person under restraint) served with a subpoena under this Subdivision fails to comply with the subpoena, a tribunal of or magistrate in the place of issue of the subpoena may issue such warrant as the tribunal or magistrate might have issued had the subpoena been served in its place of issue.

If a person under restraint served with a subpoena under this Subdivision fails to comply with the subpoena, a tribunal that or magistrate who could have issued a warrant under subsection (1) if the person were not a person under restraint may issue a warrant to have the person apprehended and brought before the tribunal that issued the subpoena to give evidence, or produce a document or thing, or both.

If a person under restraint served with a subpoena under this Subdivision fails to comply with the subpoena and also fails to comply with section 64, a tribunal of or magistrate in the place of issue of the subpoena may, as an alternative to issuing a warrant under subsection (2), issue such warrant as the tribunal or magistrate might have issued had the subpoena been served in its place of issue.

Subdivision B—Service of subpoenas addressed to persons in prison

A court of a State in which a subpoena is issued may order that the prisoner be produced at the time and place specified in the subpoena as the time and place at which compliance with the subpoena is required.

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

Before making an order the court may:

An order:

In this section:

court means:

Subject to any conditions specified under paragraph 67(4)(a), the order for production and the subpoena, or a copy of both the order and the subpoena, must be served on the custodian of the prisoner, together with a copy, or a further copy, of both the order and the subpoena for service on the prisoner.

Service of the order for production and subpoena must be effected in the same way as service of a subpoena in the place of issue.

Service of the order for production and subpoena is effective only if the subpoena contains an address for service of the person (if any) at whose request the subpoena was issued.

The custodian, or, if more than one person is the custodian of the prisoner, any such custodian, must comply with the order for production even if that custodian:

As soon as practicable after receiving the order for production and subpoena, the custodian must serve a copy of the order and a copy of the subpoena on the prisoner.

If:

The custodian need not comply with the order for production if the person to whom the subpoena is addressed is released from prison before the time for compliance.

Service of the order for production is effective only if, at the time of service or at some other reasonable time before the date for compliance with the order, there are paid or tendered to the custodian the allowances and travelling expenses that would have been required under section 60 to have been paid or tendered to the prisoner if he or she were not in prison.

If, before the time for compliance with the order for production, the person to whom the order relates is released from prison:

This section applies if the prisoner has a right under the law of the place of issue to apply to the tribunal or a court to set aside or obtain other relief in respect of the subpoena.

Without limiting the ways in which, under the law of the place of issue, the application may be made, it may be made by transmitting the application to the tribunal or court by fax.

Within 24 hours after making the application, the prisoner must cause a copy of the application to be served on the person (if any) at whose request the subpoena was issued at the person’s address for service.

For the purposes of calculating the 24 hour period, a day that is:

Without limiting the ways in which, under the law of the place of issue, service may be effected, it may be effected by transmitting the copy to that address by fax.

The tribunal or court may determine the application without a hearing unless the prisoner, or the person (if any) at whose request the subpoena was issued, objects.

For the purposes of determining the application, the tribunal or court may hold a hearing by audio link or audiovisual link.

A person who is entitled to practise as a barrister, solicitor or both before a court in:

If the tribunal or court sets aside or grants other relief in respect of the subpoena, it is to make any necessary consequential order in respect of the order for production.

Subject to subsection (2), a court may, on the application of the custodian or the prisoner, set aside or vary the order for production.

The prisoner may only make an application on the ground that compliance with the order would have a substantial detrimental effect on his or her health or safety.

The application must be made to a court that could have made the order.

Without limiting the ways in which, under the law of the place of issue, the application may be made, it may be made by transmitting the application to the court by fax.

Within 24 hours after making the application, the applicant must cause copies of the application to be served:

For the purposes of calculating the 24 hour period, a day that is:

Without limiting the ways in which, under the law of the place of issue, service on the person under paragraph (5)(a) may be effected, it may be effected by transmitting the copy to that address by fax.

Without limiting the matters that the court may take into account in determining the application, the court is to take into account:

The court may determine the application without a hearing unless the custodian, the prisoner, or the person (if any) at whose request the subpoena was issued, objects.

For the purposes of determining the application, the court may hold a hearing by audio link or audiovisual link.

A person who is entitled to practise as a barrister, solicitor or both before a court in:

If the court sets aside or varies the order for production, it is to make any necessary consequential order in respect of the subpoena.

In this section:

court has the same meaning as in section 67.

A person who has incurred reasonable expenses as a result of compliance (by that person or another person) with the order for production is entitled to be paid an amount equal to those expenses.

The amount must be paid:

The custodian of the prisoner, and any escort of the prisoner arranged by the custodian, have:

Without limiting subsection (1), the custodian or the escort may, in any State, require that a person in charge of a prison in the State:

The person so required must comply with such requirements as are reasonable.

Subject to any conditions specified in writing by the custodian as conditions to be complied with while the prisoner is outside the State in which he or she was in prison, the law in force in the State that relates to the liability of a person who escapes from lawful custody applies to the prisoner while the prisoner is outside the State for the purposes of compliance with the order for production.

Subsection (4) does not apply to lawful custody in respect of an offence against a law of the Commonwealth.

A person who is serving a sentence of imprisonment in a State is taken to be serving that sentence while the person is outside the State for the purposes of compliance with the order for production so long as the person remains in the custody of the custodian or escort, or in custody arranged by the custodian or escort.

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

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

In granting an application, the court:

Subject to this section, sections 58 to 65 (inclusive) (other than subsection 63(2)) apply to the subpoena as if the investigative function concerned were an adjudicative function.

Any right referred to in subsection 61(1) (as that subsection applies in relation to the subpoena because of this section) that the person served with the subpoena has to apply to set aside or obtain other relief in respect of the subpoena may only be exercised by making any such application to the Supreme Court of the State in which the subpoena was issued.

An amount payable to a person under subsection 63(1) (as that subsection applies in relation to the subpoena because of this section) must be paid by the State in which the subpoena was issued.

Subdivision B—Service of subpoenas addressed to persons in prison

The Supreme Court of a State in which a subpoena is issued may, on application, order that the prisoner be produced at the time and place specified in the subpoena as the time and place at which compliance with the subpoena is required.

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

An order:

Subject to this section, sections 68 to 74 (inclusive) (other than subsections 72(3) and (13) and 73(2)) apply to the subpoena, and to an order for production made in connection with the subpoena, as if the investigative function concerned were an adjudicative function.

Any right referred to in subsection 71(1) (as that subsection applies in relation to the subpoena because of this section) that the person served with the subpoena has to apply to set aside or obtain other relief in respect of the subpoena may only be exercised by making any such application to the Supreme Court of the State in which the subpoena was issued.

An application under subsection 72(1) (as that subsection applies in relation to the order for production because of this section) must be made to the Supreme Court of the State in which the subpoena was issued.

An amount payable to a person under subsection 73(1) (as that subsection applies in relation to the order for production because of this section) must be paid by the State in which the subpoena was issued.

Subject to subsection (2), the person named in a warrant issued in a State may be apprehended in another State.

This section does not apply in relation to a person who is in prison.

The person may be apprehended by:

It is not necessary to produce the warrant when the person is apprehended.

Even though a person has been released under subsection 83(3), (4) or (7), the person may be re-apprehended under the same warrant.

The warrant or a copy of the warrant must be produced when the person is re-apprehended.

As soon as practicable after being apprehended, the person is to be taken before a magistrate of the State in which the person was apprehended.

The warrant or a copy of the warrant must be produced to the magistrate if it is available.

If the warrant or a copy of the warrant is not produced, the magistrate may:

If the warrant or a copy of the warrant is not produced when the proceeding resumes, the magistrate may:

The total time of the adjournments referred to in paragraphs (3)(b) and (4)(b) must not exceed 5 days.

The magistrate may resume the proceeding at any time before the end of a period of adjournment if the warrant or a copy of the warrant becomes available.

If the warrant or a copy of the warrant is not produced when the proceeding resumes after the further adjournment, the magistrate must order that the person be released.

Subject to subsections (10) and (14) and section 84, if the warrant or a copy of the warrant is produced, the magistrate must order:

The order may be subject to other specified conditions.

The magistrate must order that the person be released if the magistrate is satisfied that the warrant is invalid.

The magistrate may suspend an order made under paragraph (8)(b) for a specified period.

On suspending the order, the magistrate must order that the person be remanded:

An order of a magistrate under this section may be executed according to its tenor.

For the purposes of a proceeding under this section:

(15) Nothing in this section affects the operation of Crimes Act 1914.Part IC of the

If a person is taken before a magistrate under section 83, the magistrate must, before dealing with the matter, make reasonable enquiries of the person to find out:

If the magistrate is satisfied that the person:

If the person informs the magistrate that he or she is on bail, the magistrate must, before dealing with the matter, make reasonable enquiries of the person to ascertain the reporting requirements (if any) to which the person is subject.

The person must not:

If the person under restraint is not on bail:

If the person under restraint is on bail, the magistrate may, on the application of:

If the magistrate adjourns the proceeding under subsection (5):

If a person under restraint who is named in a warrant is remanded on bail under an order made under paragraph 83(8)(a), it is a condition to which the grant of bail is subject that the person must return as soon as practicable to the State in which he or she was under restraint.

Where an order is made under paragraph 83(8)(b) in relation to a person under restraint, a magistrate may make orders relating to the return of the person, in such custody or otherwise as the magistrate specifies, to the State in which he or she was under restraint.

The regulations may provide that, for the purposes of this section, the holder of a specified office in a State is taken to be the person in charge of the correction service of the State.

In this section:

supervisor, in relation to a person under restraint, means a person who, under the law of a State or the order of a court, supervises compliance with the order or restriction to which the person under restraint is subject.

If a magistrate has made an order under paragraph 83(8)(a) or (12)(a), the magistrate must prepare, or cause to be prepared, an instrument setting out the conditions to which the grant of bail is subject.

The instrument must be signed by:

The person, and the court, authority, tribunal or person before which or whom the person has been remanded to appear, must each be given a copy of the instrument.

The magistrate must revoke the order and make an order under paragraph 83(8)(b) or (12)(b) if the person:

If the person named in the warrant has been:

As soon as practicable after being so notified, the clerk, or the authority, must notify the police force of each other State that was notified of the issue of the warrant that:

If an order has been made under section 83, the apprehended person or a person to whom the warrant was directed may apply to the Supreme Court of the State in which the order was made for review of the order.

The application must be made within 7 days after the making of the order.

The respondent is to be:

Service of the notice of application on the respondent must be effected in the same way as service of a notice of an appeal to the Supreme Court of the State in a criminal proceeding.

If, under the order, the apprehended person is remanded on bail, notice of the application must be served in the same way on any person providing surety for the granting of the bail.

The Supreme Court may, pending its review:

The review is to be by way of rehearing.

The Supreme Court may confirm, vary or revoke the order.

If the order is revoked, the Supreme Court may make a new order.

The Supreme Court may suspend an order for a specified period if it is an order of a kind that a magistrate may suspend under section 83.

The order as confirmed or varied, or the new order, may be executed according to its tenor.

If the order as confirmed or varied, or the new order, is an order that is similar to an order mentioned in paragraph 83(8)(a):

For the purposes of paragraph (12)(b):

For the purposes of a review under this section, the Supreme Court of a State is not bound by the rules of evidence.

This section applies to a warrant issued for the purpose of having a person attend before a court, authority or person to give evidence or produce a document or thing.

Subject to subsection (3), a person who has incurred reasonable expenses as a result of compliance (by that person or another person) with:

Subsection (2) does not apply if:

The court or authority that issued the warrant may make orders to ensure that the person who incurred those expenses receives the exact amount of those expenses.

If the warrant was issued by a court, the orders may be made by an officer of the court if the rules governing the procedure of the court so provide.

(1) Despite subsection 68(1) of the Judiciary Act 1903, the law of a State with respect to the granting of bail applies in relation to a power under this Division to grant bail to:

The law of a State with respect to bail and matters related to bail (including enforcement of bail) applies in relation to a person who has been remanded on bail in that State under this Division as if the person had been remanded on bail to appear before a court of that State.

Money received in proceedings for the enforcement of bail is to be retained by the State in which the bail condition, the breach of which lead to the proceedings being brought, was imposed.

For the purpose of complying with an order made under paragraph 83(8)(b), or an order confirmed, varied or made under section 86 that is similar to an order mentioned in that paragraph, the person to whom the custody of the apprehended person has been committed may require that the person in charge of a prison in a State:

The person so required must comply with such requirements as are reasonable.

An apprehended person who is a person under restraint and who is serving a period of home detention or a term of imprisonment by way of periodic detention is taken to be serving that period of home detention or term of imprisonment:

The law in force in the place of issue of a warrant, being the law relating to the liability of a person who escapes from lawful custody, applies to a person being taken to the place of issue in compliance with an order mentioned in subsection (1).

Subsection (4) does not apply to lawful custody in respect of an offence against a law of the Commonwealth.

A reference in this section to an order made under paragraph 83(8)(b) includes a reference to an order made under subsection 84(8) that relates to the first-mentioned order.

This section applies to a person who has been taken in custody, pursuant to an order made, confirmed or varied under this Division, to the place of issue of a warrant for the purpose of giving evidence or producing a document or thing.

The person may apply to the court of issue, or authority of issue, of the warrant for an order that he or she be released from custody.

The respondent is to be the person at whose request the warrant was issued.

Notice of the application must be served on the respondent:

The court of issue, or authority of issue, of the warrant may order that the person be released from custody if it is satisfied that it is not necessary for the person to be held in custody in order to secure his or her attendance to give the evidence or produce the document or thing.

Upon such an order being made, the person is to be released.

The court of issue, or authority of issue, of the warrant may further order that the person be remanded on bail on condition that he or she appear, at a specified time or day, before the court, authority, tribunal or person to which the evidence is to be given or the document or thing is to be produced.

Subject to this Division, Division 1 (other than section 81 and subsections 87(4) and (5)) applies to a warrant issued by a tribunal if:

For the purposes of the application of Division 1 in relation to a warrant referred to in paragraph (1)(a), the requirement under subsection 82(6) or section 83 to produce the warrant or a copy of the warrant (as that section applies to the warrant because of this section) includes a requirement to produce a copy of the instrument by which leave was given under section 57 or 76.

For the purposes of the application of Division 1 in relation to a warrant referred to in subsection (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.

If the warrant was issued:

If the warrant was issued:

An order may be subject to specified conditions.

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

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.

If the warrant was issued in connection with the performance by the tribunal of an investigative function, the respondent under subsection 90(3) (as that subsection applies to the warrant because of this Division) is to be:

Subsection 90(4) does not apply to such a warrant.

Notice of the application may be served on the tribunal, or the members of the tribunal:

This section applies to:

The magistrate or Court may, on application, order that a report of:

The order is not to be made unless the magistrate or Court is satisfied that the publication of the report would give rise to a substantial risk that:

The magistrate or Court must not, by exercising any other power that the magistrate or Court might have, make an order in the nature of a suppression order for the purpose of preventing or lessening a risk mentioned in subsection (3).

For the purposes of this section, the members of a person’s family are taken to include the following (without limitation):

A suppression order made on the ground mentioned in paragraph 96(3)(a) remains in force until:

A suppression order made on any other ground mentioned in subsection 96(3) remains in force until it is revoked.

A suppression order must specify whether it is to be enforceable in:

A suppression order may be made subject to specified conditions.

The magistrate or Court may make an interim suppression order.

The order may be made without inquiring into the merits of the matter.

The interim suppression order is to have effect until:

A suppression order may be varied or revoked:

A suppression order in relation to a protected person may also be varied or revoked by a magistrate or court before which the protected person has appeared or been taken for the purposes of:

Subject to subsection (4), a suppression order must be revoked if the ground or grounds on which the suppression order was made no longer exist.

Even though the ground or grounds on which the suppression order was made no longer exist, the order may be continued if, at the time the order is continued, there are other grounds on which such an order might be made.

A ground on which a suppression order is continued need not have existed when the order was made.

The power to vary or revoke a suppression order may only be exercised on application.

An application for a suppression order on the ground mentioned in paragraph 96(3)(a) may be made by:

An application for a suppression order on the ground mentioned in paragraph 96(3)(b) or (c) may be made by:

An application for a suppression order on the ground mentioned in paragraph 96(3)(d) or (e) may be made by a person or body having responsibility or power under a law of the Commonwealth or a State:

(4) An application for a suppression order on the ground mentioned in paragraph 96(3)(f) may be made by the Minister administering the Australian Security Intelligence Organisation Act 1979.

An application for a suppression order on the ground mentioned in paragraph 96(3)(g) may be made by:

An application for a suppression order on the ground mentioned in paragraph 96(3)(h) may be made by:

An application for the variation or revocation of a suppression order may be made by:

A person who may apply for a suppression order, or for the variation or revocation of a suppression order, may make a submission to the magistrate or court on the question whether a suppression order should be made, varied or revoked.

The person may make the submission without being joined as a party to the proceeding or review.

The person may call or give evidence in support of the submission.

The magistrate or court may delay a proceeding or review to allow the submission to be made or evidence to be called or given.

(1) Except as provided by the Judiciary Act 1903, an appeal may be made as of right against the decision of a magistrate or court:

If the decision is made by a magistrate in a State, the appeal is to be made to the Supreme Court of the State.

Except as provided in this section, no appeal is to be made against a decision or order made under this Division.

The appellate court:

A person must not fail to comply with a suppression order.

Subsection (1) is an offence of strict liability.

It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that:

A publishing organisation, or an employee or agent of a publishing organisation, is taken not to have made all reasonable inquiries regarding the existence of a suppression order if the organisation, or the employee or agent, as the case requires, has not made inquiries of the magistrate or Court in which the relevant proceedings are being, or were, heard as to whether a suppression order has been made in relation to the proceedings.

A fine enforcement officer of the originating State for a fine may request registration of the fine in another State if:

The request must:

A single request under subsection (1) may relate to more than one fine, in which case this section applies to each of the fines to which the request relates.

A request cannot be made under this section for registration of a fine that is already registered in another State.

(1) If a fine enforcement officer of a State receives a request made in accordance with for the registration of a fine, the officer must, subject to this section, register the fine in that State.section 112

The registration must specify who is the offender in relation to the fine.

Related fines

A fine enforcement officer of a State may register a pre-commencement fine that is related to a post-commencement fine only if the post-commencement fine is registered in that State.

Subject to this section, a registered fine:

A registered fine cannot be enforced in the originating State for the fine.

Fine capable of enforcement

A registered fine is capable of being enforced in or by the registering State only if, and to the extent that, when the action for enforcement is or is to be taken, the fine could, but for subsection (2), be enforced in the originating State.

No imprisonment

Despite anything in the laws of the registering State, a registered fine cannot be enforced by the imposition of a sentence of imprisonment on the offender.

The originating State for a registered fine must notify the registering State if part of the amount of a fine that remains unpaid is paid to the originating State.

Amendment

As soon as practicable after receiving a notice under subsection (1), the registering State must amend the registration of the fine accordingly.

The originating State for a registered fine must notify the registering State if:

A fine enforcement officer of the originating State for a registered fine may, at any time, send a written request for the cancellation of the registration of the fine to a fine enforcement officer of the registering State.

Cancellation

As soon as practicable after receiving a notice under subsection (1), or a request under subsection (2), the registering State must cancel the registration of the fine.

This section applies if a fine enforcement officer of the registering State for a fine is satisfied:

The registering State must:

If the registration of a fine is cancelled for any reason, the originating State can, subject to subsections (2) and 114(3), enforce the fine.

Cancellation of registration of related fine

The registering State for a pre-commencement fine must cancel the registration of the fine if:

Any challenge to the imposition of a registered fine may be brought only in accordance with the laws of the originating State.

Offender to notify registering State

If the offender in relation to a registered fine challenges the imposition of the fine in accordance with subsection (1), the offender must notify the registering State.

Certain fines cannot be enforced during challenge

If a challenge to the imposition of a registered fine has been initiated under subsection (1) and the challenge has not yet been finally determined, the registering State cannot enforce:

If a challenge to the imposition of a registered fine is upheld, the registering State must cancel the registration of the fine.

Fine enforcement officer of originating State to notify registering State

A fine enforcement officer of the originating State must notify the registering State of the outcome of the challenge.