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COMMONWEALTHAct
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s 36

Person may be examined without subpoena or other process

In force
Chapter 2Adducing evidence
Part 2.1Witnesses
Division 3General rules about giving evidence

36 Person may be examined without subpoena or other process

(1)

The court may order a person who:

(a)

is present at the hearing of a proceeding; and

(b)

is compellable to give evidence in the proceeding;

to give evidence and to produce documents or things even if a subpoena or other process requiring the person to attend for that purpose has not been duly served on the person.

(2)

A person so ordered to give evidence or to produce documents or things is subject to the same penalties and liabilities as if the person had been duly served with such a subpoena or other process.

(3)

A party who inspects a document or thing produced to the court because of subsection (1) need not use the document in evidence.

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