Service and Execution of Process Act 1992

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:

the custodian, or a person acting on his or her behalf, must, as soon as practicable, pay or tender to the person the allowances and travelling expenses paid or tendered to the custodian under subsection (1); and

the person is not required to comply with the subpoena to which the order relates unless the allowances and travelling expenses were paid or tendered to the person, by the custodian or another person, no later than a reasonable time after the time when the person ceased to be in prison.