Service and Execution of Process Act 1992

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 a law of the place of issue requires another person to pay or tender the person’s expenses—by that other person; or

if a law of the place of issue empowers the tribunal to order that another person pay or tender the expenses and the tribunal so orders—by that other person; or

in any other case:

if the subpoena was issued at the request of a party to the proceeding to which the subpoena relates—by that party; or

if it was issued by the tribunal of its own motion—by the State in which the subpoena was issued.

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).