Evidence on Commission Act 2001

The Supreme Court, in relation to an application referred to in section 4, may by order make any provision for obtaining evidence in Tasmania as may appear to it to be appropriate for the purpose of giving effect to the request in pursuance of which the application is made.

The order may require a specified person to take any steps the Supreme Court considers appropriate for that purpose.

Without limiting the generality of subsections (1) and (2), the order under this section may make provision for any one or more of the following:the examination of witnesses, either orally or in writing; the production of documents; the inspection, photographing, preservation, custody or detention of any property; the taking of samples of any property and the carrying out of any experiments on or with any property; the medical examination of any person; the taking and testing of samples of blood from any person.

The order is not to require any particular steps to be taken unless they are steps that may be required to be taken by way of obtaining evidence for the purpose of proceedings in the Supreme Court, whether or not they are proceedings of the same description as those to which the application for the order relates.

Subsection (4) does not preclude the making of an order requiring a person to give testimony, orally or in writing, otherwise than on oath if asked by the requesting court.

The order is not to require a person to – state what documents relevant to the proceedings to which the application for the order relates are or have been in the person's possession, custody or power; or produce any documents other than particular documents specified in the order and appearing to the Supreme Court making the order to be, or to be likely to be, in the person's possession, custody or power.

A person who, by virtue of the order, is required to attend at any place is entitled to the same conduct money and payment for expenses and loss of time on attendance as a witness in proceedings before the Supreme Court.