Service and Execution of Process Regulations (Amendment) (Cth)

Statutory Rules 1993 No. 631

Service and Execution of Process Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Service and Execution of Process Act 1992.

Dated 27 April 1993.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

D. KERR

Attorney-General

 

1. Amendment

1.1 The Service and Execution of Process Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: sec Acts Interpretation Act 1901, s. 48.]

 

2. Schedule 1 (Forms)

2.1 Omit Form 5, substitute:

FORM 5 Section 59

Service and Execution of Process Act 1992

NOTICE TO WITNESS

THIS NOTICE IS VERY IMPORTANT

PLEASE READ IT AND THE ATTACHED DOCUMENTS VERY CAREFULLY

IF YOU HAVE ANY TROUBLE UNDERSTANDING THEM YOU SHOULD GET LEGAL ADVICE AS SOON AS POSSIBLE

Attached to this notice is a subpoena1 (“the attached subpoena”) that is a subpoena for the purposes of the Service and Execution of Process Act 1992 issued by the [issuing tribunal].

Service of the attached subpoena outside [State or Territory of issue] is authorised by [court or person that gave leave to serve the subpoena] under that Act.

YOUR RIGHTS

You may be able to apply to the:

2[issuing tribunal] or to a court

3 Supreme Court of [State or Territory of issue]

to set aside or obtain other relief in respect of the attached subpoena. If you would like to make an application you should get legal advice as soon as possible.

YOUR OBLIGATIONS

You must obey the attached subpoena if:

(a) at the time of service or at some reasonable time before [date for compliance] you were offered or given:

(i) enough money to meet your reasonable expenses in obeying it, including any travel and accommodation costs; or

(ii) a combination of money, travel tickets and vouchers to meet those expenses; and

(b) you received with the attached subpoena a copy of an order from a court in [State or Territory of issue] permitting the attached subpoena to be served outside [State or Territory of issue] and specifying the day before which it must be served.

If the attached subpoena only requires production of documents or things you may comply with the attached subpoena by delivering the documents or things at least 24 hours before [date for compliance] to the Secretary4 of the [issuing tribunal].

THIS IS MOST IMPORTANT

If you are subject to a restriction on your movements that you might breach if you comply with the attached subpoena, there are some additional actions you must take for your own protection.

The restriction on you could be imposed as:

(a) conditions of bail; or

(b) conditional release from prison; or

(c) conditions of probation; or

(d) home or periodic detention; or

(e) a community service order, community based order, attendance order or work and development order; or

(f) some other restriction on your movements imposed by law or by order of a court.

If you are under a restriction of that kind, you must, as soon as practicable after you receive the attached subpoena, inform your supervisor of the service of the attached subpoena. If you are on bail, and your bail is subject to a condition that you report periodically, your supervisor is the police officer or correction service officer that you report to. If you are not on bail, or if you are on bail but are not required to report periodically, your supervisor is the person who supervises your compliance with an order or restriction.

Also you must, as soon as practicable, inform:

the [issuing tribunal]

5 and [person at whose request the subpoena was issued];

of the restriction to which you are subject.

You must take all reasonable steps to have the restriction varied so that you can comply with the attached subpoena.

If the restriction is not varied you must inform:

the [issuing tribunal]

5 and [person at whose request the subpoena was issued];

either:

(a) of the steps you took to have the restriction or obligation varied, and that the restriction or obligation has not been varied; or

(b) that the law does not permit that variation;

whichever is the case.

   

1If the process to be served is not called a subpoena, substitute the name of the process for the word “subpoena”.

2Omit if the subpoena is issued in the performance of an investigative function.

3Omit if the subpoena is issued in the performance of an adjudicative function.

4If the proper officer is not called the Secretary, substitute the correct title.

5Omit if the subpoena was not issued at the request of a person.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 4 May 1993.

2. Statutory Rules 1993 No. 43.