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COMMONWEALTHAct
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s 37

Payment of expenses for complying with Australian subpoenas

In force
Part 5Subpoenas
Division 2Australian subpoenas

37 Payment of expenses for complying with Australian subpoenas

(1)

The person named is entitled to payment of an amount equal to the reasonable expenses incurred by the person in complying with the subpoena.

(2)

If the subpoena was issued at the request of a person, the amount must be paid by that person.

(3)

If the subpoena was not issued at the request of a person, the amount must be paid:

(a)

if the subpoena was issued by a federal court—by the Commonwealth; or

(b)

otherwise—by the State or Territory in which the subpoena was issued.

(4)

The Australian court or tribunal that issued the subpoena may make orders to ensure that the person complying with the subpoena receives the amount of the person’s reasonable expenses in so complying.

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