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COMMONWEALTHAct
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s 42

Obligation to comply with New Zealand subpoenas

In force
Part 5Subpoenas
Division 3New Zealand subpoenas

42 Obligation to comply with New Zealand subpoenas

(1)

A person served in Australia with the subpoena must comply with it if:

(a)

the subpoena was served under section 41; and

(b)

the person is at least 18 years of age; and

(c)

at the time of service or at some other reasonable time before the person is required to comply, allowances and travelling expenses sufficient to meet the person’s reasonable expenses of complying with the subpoena are paid to the person.

(2)

This section does not affect any right a person has under New Zealand law to apply to have the subpoena set aside.

(3)

For the purposes of paragraph (1)(c), allowances and travelling expenses may be paid by giving a voucher in substitution for the whole or part of those allowances and travelling expenses.

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