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reg 5

Copy of evidence on oath to be filed if warrant for a witness issued under Act, s 81

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Part 2Warrants
Division 1Procedure when particular warrants are issued

5 Copy of evidence on oath to be filed if warrant for a witness issued under Act, s 81

(1)

This section applies if a person asks a justice to issue a warrant that may be issued under section 81 of the Act.

(2)

If the warrant is issued at a place appointed for holding a Magistrates Court, the person must, at the time the warrant is issued—

(a)

file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court at the place; and

(b)

pay the fee for filing the copy.

(3)

If the warrant is issued at another place, the person must, within 3 days after the warrant’s issue—

(a)

file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court who is at or nearest to the returnable place; and

(b)

pay the fee for filing the copy.

(4)

In this section—

returnable place, for a warrant, means the place where the relevant witness is to be brought under the warrant.

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