Service and Execution of Process Act 1992

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:

the giving of the evidence likely to be given by the person to whom the subpoena is addressed, or the production of a document or thing specified in the subpoena, is necessary in the interests of justice; and

there will be enough time for the person:

to comply with the subpoena without hardship or serious inconvenience; and

to make an application under section 61.

In granting an application under this section, the court:

is to impose a condition that the subpoena not be served after a specified day; and

may impose other conditions.

In this section:

in any case—a person who:

is a magistrate or judge; and

is a member of, or constitutes, the tribunal that issued the subpoena; or

if the subject matter of the proceeding to which the subpoena relates has a monetary value or concerns a claim for payment of money:

the court that would have jurisdiction to the extent of that monetary value or the amount claimed; or

where there is more than one such court—the court of more limited jurisdiction; or

if the subject matter of the proceeding does not have a monetary value and does not concern a claim for payment of money—a judge of any court, or a magistrate, of the place of issue of the subpoena.