Service and Execution of Process Act 1992

A court of a State in which a subpoena is issued may order that the prisoner be produced at the time and place specified in the subpoena as the time and place at which compliance with the subpoena is required.

The court may make an order only if it is satisfied that:

the giving of the evidence that the prisoner is likely to give, 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 compliance with the order; and

to permit the making of applications under sections 71 and 72.

Before making an order the court may:

require the person (if any) at whose request the subpoena was issued to give such security as the court specifies for ensuring compliance with any obligations under section 73; and

stay the proceeding for the making of the order until the security is given.

An order:

may be made subject to specified conditions; and

must be addressed to the custodian of the prisoner.

In this section:

in any case—a person who:

is a magistrate or a 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.