{"id":"F2018L01040","name":"Service and Execution of Process Regulations 2018","slug":"service-and-execution-of-process-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97739,"registerId":"commonwealth-F2018L01040-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Service and Execution of Process Regulations 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Service and Execution of Process Act 1992.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including State.\n\n In this instrument:\n\n> Act means the Service and Execution of Process Act 1992.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Notices, warrants and correction services","content":"## Part 2—Notices, warrants and correction services","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Required notices for service","content":"#### 6 Required notices for service\n\n For the purposes of a provision of the Act specified in column 1 of an item in the following table, a notice in the form specified in column 2 of the item is prescribed.\n\n```html\n

Required notices for service

Item

Column 1

Provision of Act

Column 2

Form of notice

1

section 16

Form 1 in Schedule 1

2

paragraph 31(a)

Form 2 in Schedule 1

3

section 41

Form 3 in Schedule 1

4

section 51

Form 4 in Schedule 1

5

paragraph 59(a)

Form 5 in Schedule 1

6

section 69

Form 6 in Schedule 1

\n```","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Additional authorities that may issue warrants","content":"#### 7 Additional authorities that may issue warrants\n\n (1) For the purposes of subparagraph (a)(vi) of the definition of authority in section 81A of the Act, an intensive correction order is prescribed.\n (2) For the purposes of paragraph (b) of the definition of authority in section 81A of the Act, the bodies and persons mentioned in column 2 of the following table are prescribed.\n\n```html\n

Additional authorities that may issue warrants

Item

Column 1

State

Column 2

Person or body

1

New South Wales

the State Parole Authority constituted by section 183 of the Crimes (Administration of Sentences) Act 1999 (NSW)

2

Victoria

(a) the Adult Parole Board established by section 61 of the Corrections Act 1986 (Vic.);

(b) the Youth Parole Board mentioned in section 442 of the Children, Youth and Families Act 2005 (Vic.);

(c) a member of the Youth Parole Board mentioned in section 442 of the Children, Youth and Families Act 2005 (Vic.)

3

Queensland

(a) the chief executive mentioned in section 263 of the Corrective Services Act 2006 (Qld);

(b) the Parole Board Queensland established by section 216 of the Corrective Services Act 2006 (Qld)

4

Western Australia

(a) the Prisoners Review Board established by section 102 of the Sentence Administration Act 2003 (WA);

(b) the Mentally Impaired Accused Review Board established by section 41 of the Criminal Law (Mentally Impaired Accused) Act 1996 (WA);

(c) the Supervised Release Review Board established under section 151 of the Young Offenders Act 1994 (WA);

(d) the Secretary (within the meaning of the Young Offenders Act 1994 (WA));

(e) the Director General of the Western Australian Department of Justice

5

Tasmania

the Parole Board established by section 62 of the Corrections Act 1997 (Tas.)

6

Australian Capital Territory

the Sentence Administration Board established by section 171 of the Crimes (Sentence Administration) Act 2005 (ACT)

\n```","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Person taken to be in charge of the correction service of a State","content":"#### 8 Person taken to be in charge of the correction service of a State\n\n For the purposes of section 84 of the Act, the holder of an office specified in column 2 of an item in the following table in the State specified in column 1 of the item is taken to be the person in charge of the correction service of the State.\n\n```html\n

Person taken to be in charge of the correction service of a State

Item

Column 1

State

Column 2

Office

1

New South Wales

Commissioner (within the meaning of the Crimes (Administration of Sentences) Act 1999 (NSW))

2

Victoria

Commissioner mentioned in section 8A of the Corrections Act 1986 (Vic.)

3

Queensland

chief executive mentioned in section 263 of the Corrective Services Act 2006 (Qld)

4

Western Australia

CEO within the meaning of the Sentence Administration Act 2003 (WA)

5

South Australia

chief executive of the Department (within the meaning of the Correctional Services Act 1982 (SA))

6

Tasmania

Director of Corrective Services mentioned in section 5 of the Corrections Act 1997 (Tas.)

7

Australian Capital Territory

director‑general within the meaning of the Crimes (Sentence Administration) Act 2005 (ACT)

8

Northern Territory

(a) if the person under restraint is a youth (within the meaning of the Youth Justice Act 2005 (NT)) other than one sentenced to a term of imprisonment—CEO (within the meaning of that Act); or

(b) otherwise—Commissioner of Correctional Services mentioned in section 17 of the Correctional Services Act 2014 (NT)

9

Norfolk Island

police officer in charge in Norfolk Island

\n```","sortOrder":7},{"sectionNumber":"Form 1—Notice when serving initiating pr","sectionType":"part","heading":"Form 1—Notice when serving initiating process in civil proceedings","content":"## Form 1—Notice when serving initiating process in civil proceedings\n\nNote: This form is to be used when serving an initiating process in civil proceedings in a court: see section 16 of the Act.\n\nService and Execution of Process Act 1992\n\nNotice to defendant1\n\nPlease read this notice and the attached document very carefully\n\nIf you have any trouble understanding them you should get legal advice as soon as possible\n\nAttached to this notice is a \\[name of process\\] (“the attached process”) issued out of the \\[issuing court\\].\n\nService of the attached process outside \\[State or Territory of issue\\] is authorised by the Service and Execution of Process Act 1992.\n\nYour rights\n\nIf a court of a State or Territory other than \\[State or Territory of issue\\] is the appropriate court to determine the claim against you set out in the attached process, you may be able to \\[2have the proceeding stayed by applying to the \\[issuing court\\] / 3apply to the Supreme Court in \\[State or Territory of issue\\] to have the proceeding transferred to another Supreme Court or a federal court\\].\n\nIf you think the proceeding should be stayed or transferred you should get legal advice as soon as possible.\n\nContesting this claim\n\nIf you want to contest this claim, you must take any action set out in the attached process as being necessary to contest the claim.\n\n4If you want to contest this claim, you must also file an appearance5 in the \\[issuing court\\]. You have only 216 days after receiving the attached process to do so.\n\nThe appearance5 must contain \\[7an address in Australia where documents can be left for you or sent to you / 8your address\\].\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1If the person to be served is not described in the process as a “defendant”, substitute the correct description.\n\n2Include if the court of issue is not a Supreme Court.\n\n3Include if the court of issue is a Supreme Court.\n\n4If the defendant need not enter an appearance (as defined in section 14 of the Act) in order to contest the claim, omit this paragraph and the remainder of the form.\n\n5If the document that must be filed is not called an appearance, substitute the correct name.\n\n6If the issuing court has allowed a shorter period for filing an appearance, substitute that shorter period and disregard the next paragraph.\n\nIf the law of the State or Territory of issue would allow a longer period than 21 days for filing an appearance in the case of service within the State or Territory, substitute that longer period. If that law would allow different periods for service within the State or Territory, depending on the distance of the place of service from another place, and the period based on the longest distance would be longer than 21 days, substitute that period.\n\nNote: This note is a summary, for guidance only, of subsections 17(1) and (1A) of the Act. The applicable period under those provisions must be stated.\n\n7Include if the appearance is required to set out an address for service.\n\n8Include if the appearance is not required to set out an address for service.","sortOrder":8},{"sectionNumber":"Form 2—Notice when serving subpoena","sectionType":"part","heading":"Form 2—Notice when serving subpoena","content":"## Form 2—Notice when serving subpoena\n\nNote: This form is to be used when serving a subpoena issued by a court or an authority that is addressed to a person who is not in prison, or who is in prison but who does not need to attend or give oral evidence: see paragraph 31(a) of the Act.\n\nService and Execution of Process Act 1992\n\nNotice to witness\n\nThis notice is very important\n\nPlease read it and the attached document or documents very carefully\n\nIf you have any trouble understanding them you should get legal advice as soon as possible\n\nAttached to this notice is a subpoena1 (“the attached subpoena”) that is a subpoena for the purposes of Part 3 of the Service and Execution of Process Act 1992 issued by the \\[issuing court or authority\\].\n\nService of the attached subpoena outside \\[State or Territory of issue\\] is authorised by that Act.\n\nYour rights\n\nYou may be able to apply to a court or authority to set aside or obtain other relief in respect of the attached subpoena. If you would like to make an application you should get legal advice as soon as possible.\n\nYour obligations\n\nYou must obey the attached subpoena if:\n\n(a) at the time of service or at some reasonable time before \\[date for compliance\\] you were offered or given:\n\n(i) enough money to meet your reasonable expenses in obeying it, including any travel and accommodation costs; or\n\n(ii) a combination of money, travel tickets and vouchers to meet those expenses; and\n\n(b) either:\n\n(i) you received the attached subpoena at least 142 days before \\[date for compliance\\]; or\n\n(ii) you received the attached subpoena less than 142 days before \\[date for compliance\\] and you received with the attached subpoena a copy of an order made by \\[issuing court or authority\\] permitting the attached subpoena to be served at that time.\n\nIf the attached subpoena only requires production of documents or things, you may comply with the attached subpoena by delivering the documents or things at least 24 hours before \\[date for compliance\\] to the Registrar3 of \\[issuing court or the court to which the issuing authority belongs\\].\n\nThis is most important\n\nIf you are subject to a restriction on your movements that you might breach if you comply with the attached subpoena, there are some additional actions you must take for your own protection.\n\nThe restriction on you could be imposed as:\n\n(a) conditions of bail; or\n\n(b) conditional release from prison; or\n\n(c) conditions of probation; or\n\n(d) home or periodic detention; or\n\n(e) a community service order, community based order, attendance order, intensive correction order or work and development order; or\n\n(f) some other restriction on your movements imposed by law or by order of a court.\n\nIf you are under a restriction of that kind, you must, as soon as practicable after you receive the attached subpoena, inform your supervisor of the service of the attached subpoena. If you are on bail, and your bail is subject to a condition that you report periodically to the police, your supervisor is any police officer at the police station at which you are required to report. If you are on bail, and your bail is subject to a condition that you report periodically to a correction service officer, that officer is your supervisor. In any other case, your supervisor is the person who supervises your compliance with the restriction.\n\nAlso, you must, as soon as practicable, inform the \\[issuing court or authority\\] \\[4and \\[person at whose request the subpoena was issued\\]\\] of the restriction to which you are subject.\n\nYou must take all reasonable steps to have the restriction varied so that you can comply with the attached subpoena.\n\nIf the restriction is not varied, you must inform the \\[issuing court or authority\\] \\[4and \\[person at whose request the subpoena was issued\\]\\] either:\n\n(a) of the steps you took to have the restriction varied, and that the restriction has not been varied; or\n\n(b) that the law does not permit that variation;\n\nwhichever is the case.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1If the process to be served is not called a subpoena, substitute the name of the process.\n\n2If the law of the State or Territory requires a longer period than 14 days from the service of a subpoena until the return date, substitute that period.\n\n3Or “Clerk”, as appropriate.\n\n4Include if the subpoena was issued at the request of a person.","sortOrder":9},{"sectionNumber":"Form 3—Notice when serving subpoena addr","sectionType":"part","heading":"Form 3—Notice when serving subpoena addressed to person in prison","content":"## Form 3—Notice when serving subpoena addressed to person in prison\n\nNote: This form is to be used when serving a subpoena issued by a court or an authority that is addressed to a person who is in prison and who is required to attend or give oral evidence: see section 41 of the Act.\n\nService and Execution of Process Act 1992\n\nNotice to witness\n\nThis notice is very important\n\nPlease read it and the attached document or documents very carefully\n\nIf you have any trouble understanding them you should ask to receive legal advice as soon as possible\n\nAttached to this notice is a subpoena1 (“the attached subpoena”) that is a subpoena for the purposes of Part 3 of the Service and Execution of Process Act 1992 issued by the \\[issuing court or authority\\].\n\nService of the attached subpoena outside \\[State or Territory of issue\\] is authorised by that Act.\n\nAn order, called an order for production, based on the attached subpoena has been served on the person in charge of the institution or place in which you are held. Under this order you will be taken to \\[name and location of the court, authority or person before which compliance is required\\], unless you are released before \\[date for compliance\\]. A copy of the order for production is required to be served on you by the person in charge of the institution or place in which you are held.\n\nYour rights\n\nThe person in charge of the institution or place in which you are held must provide any assistance that you reasonably require to:\n\n(a) apply to set aside or obtain other relief from the attached subpoena; or\n\n(b) apply to set aside or vary the order for production relating to the attached subpoena; or\n\n(c) obtain legal advice.\n\nYou may be able to apply to a court or authority to set aside or obtain other relief in respect of the attached subpoena or the order for production. If you would like to make an application you should ask for assistance to obtain legal advice as soon as possible. If you make an application to set aside or vary the order for production, you must, within 24 hours, give a copy to the person in charge of the institution or place in which you are held. \\[2If you make an application to set aside or obtain other relief in respect of the attached subpoena or the order for production, you must, within 24 hours, give a copy to \\[person at whose request the subpoena was issued\\].\\]\n\nYou will only be able to apply for the order for production to be varied or set aside if complying with it would have a substantial detrimental effect on your health or safety.\n\nIf the person in charge of the institution or place in which you are held makes an application to set aside or vary the order for production, you must be given a copy of that application within 24 hours of its being made.\n\nYour obligations on release from custody\n\nIf you are released from the institution or place where you are held before \\[date for compliance\\], you must obey the attached subpoena yourself if:\n\n(a) there is sufficient time between when you are released and \\[date for compliance\\] for it to be reasonably practicable for you to comply with the attached subpoena; and\n\n(b) a copy of the order for production was served on you with the attached subpoena; and\n\n(c) within a reasonable time after you were released you were offered or given:\n\n(i) enough money to meet your reasonable expenses in obeying it, including any travel and accommodation costs; or\n\n(ii) a combination of money, travel tickets and vouchers to meet those expenses.\n\nThis is most important\n\nIf, after your release, you are subject to a restriction on your movements that you might breach if you comply with the attached subpoena, there are some additional actions you must take for your own protection.\n\nThe restriction on you could be imposed as:\n\n(a) conditions of bail; or\n\n(b) conditional release from prison; or\n\n(c) conditions of probation; or\n\n(d) home or periodic detention; or\n\n(e) a community service order, community based order, attendance order, intensive correction order or work and development order; or\n\n(f) some other restriction on your movements imposed by law or by order of a court.\n\nIf you are under a restriction of that kind, you must, as soon as practicable after you are released, inform your supervisor of the service of the attached subpoena. If you are on bail, and your bail is subject to a condition that you report periodically to the police, your supervisor is any police officer at the police station at which you are required to report. If you are on bail, and your bail is subject to a condition that you report periodically to a correction service officer, that officer is your supervisor. In any other case, your supervisor is the person who supervises your compliance with the restriction.\n\nAlso, you must, as soon as practicable, inform the \\[issuing court or authority\\] \\[2and \\[person at whose request the subpoena was issued\\]\\] of the restriction to which you are subject.\n\nYou must take all reasonable steps to have the restriction varied so that you can comply with the attached subpoena.\n\nIf the restriction is not varied, you must inform the \\[issuing court or authority\\] \\[2and \\[person at whose request the subpoena was issued\\]\\] either:\n\n(a) of the steps you took to have the restriction varied, and that the restriction has not been varied; or\n\n(b) that the law does not permit that variation;\n\nwhichever is the case.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1If the process to be served is not called a subpoena, substitute the name of the process.\n\n2Include if the subpoena was issued at the request of a person.","sortOrder":10},{"sectionNumber":"Form 4—Notice when serving initiating pr","sectionType":"part","heading":"Form 4—Notice when serving initiating process in tribunal proceedings","content":"## Form 4—Notice when serving initiating process in tribunal proceedings\n\nNote: This form is to be used when serving an initiating process for certain proceedings in a tribunal: see section 51 of the Act.\n\nService and Execution of Process Act 1992\n\nNotice to respondent\n\nPlease read this notice and the attached document very carefully\n\nIf you have any trouble understanding them you should get legal advice as soon as possible\n\nAttached to this notice is a \\[name of process\\] (“the attached process”) issued out of the \\[issuing tribunal\\].\n\nService of the attached process outside \\[State or Territory of issue\\] is authorised by the Service and Execution of Process Act 1992 if the claim made against you concerns:\n\n(a) real property within \\[State or Territory of issue\\]; or\n\n(b) a contract, wherever made, for the supply of goods or the provision of services of any kind (including financial services) within \\[State or Territory of issue\\]; or\n\n(c) an act or omission within \\[State or Territory of issue\\]; or\n\n(d) the carrying on of a profession, trade or occupation within \\[State or Territory of issue\\]; or\n\n(e) a pension or benefit under a law of \\[State or Territory of issue\\]; or\n\n(f) the validity of an act or transaction under a law of \\[State or Territory of issue\\].\n\nThe attached process is served in reliance on item(s) \\[letter(s) corresponding to ground(s) relied on\\].\n\nYour rights\n\nIf you think that none of the above items applies in this case, you should get legal advice as soon as possible on what to do to stop the \\[issuing tribunal\\] dealing with this claim against you.\n\nContesting this claim\n\nIf you want to contest this claim, you must take any action set out in the attached process as being necessary to contest the claim.\n\n1If you want to contest this claim, you must also file an appearance2 in the \\[issuing tribunal\\]. You have only 213 days after receiving the attached process to do so.\n\nThe appearance2 must contain \\[4an address in Australia where documents can be left for you or sent to you / 5your address\\].\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1If the respondent need not enter an appearance (as defined in section 49 of the Act) in order to contest the claim, omit this paragraph and the remainder of the form.\n\n2If the document that must be filed is not called an appearance, substitute the correct name.\n\n3If the issuing tribunal has allowed a shorter period, substitute that period.\n\n4Include if the appearance is required to set out an address for service.\n\n5Include if the appearance is not required to set out an address for service.","sortOrder":11},{"sectionNumber":"Form 5—Notice when serving tribunal subp","sectionType":"part","heading":"Form 5—Notice when serving tribunal subpoena","content":"## Form 5—Notice when serving tribunal subpoena\n\nNote: This form is to be used when serving a subpoena issued by a tribunal that is addressed to a person who is not in prison, or who is in prison but who does not need to attend or give oral evidence: see paragraph 59(a) and subsection 77(1) of the Act.\n\nService and Execution of Process Act 1992\n\nNotice to witness\n\nThis notice is very important\n\nPlease read it and the attached document or documents very carefully\n\nIf you have any trouble understanding them you should get legal advice as soon as possible\n\nAttached to this notice is a subpoena1 (“the attached subpoena”) that is a subpoena for the purposes of the Service and Execution of Process Act 1992 issued by the \\[issuing tribunal\\].\n\nService of the attached subpoena outside \\[State or Territory of issue\\] is authorised by \\[court or person that gave leave to serve the subpoena\\] under that Act.\n\nYour rights\n\nYou may be able to apply to the \\[2\\[issuing tribunal\\] or to a court / 3Supreme Court of \\[State or Territory of issue\\]\\] to set aside or obtain other relief in respect of the attached subpoena. If you would like to make an application you should get legal advice as soon as possible.\n\nYour obligations\n\nYou must obey the attached subpoena if:\n\n(a) at the time of service or at some reasonable time before \\[date for compliance\\] you were offered or given:\n\n(i) enough money to meet your reasonable expenses in obeying it, including any travel and accommodation costs; or\n\n(ii) a combination of money, travel tickets and vouchers to meet those expenses; and\n\n(b) you received with the attached subpoena a copy of an order from \\[2a court in / 3the Supreme Court of\\] \\[State or Territory of issue\\] permitting the attached subpoena to be served outside \\[State or Territory of issue\\] and specifying the day before which it must be served.\n\nIf the attached subpoena only requires production of documents or things, you may comply with the attached subpoena by delivering the documents or things at least 24 hours before \\[date for compliance\\] to the Secretary4 of the \\[issuing tribunal\\].\n\nThis is most important\n\nIf you are subject to a restriction on your movements that you might breach if you comply with the attached subpoena, there are some additional actions you must take for your own protection.\n\nThe restriction on you could be imposed as:\n\n(a) conditions of bail; or\n\n(b) conditional release from prison; or\n\n(c) conditions of probation; or\n\n(d) home or periodic detention; or\n\n(e) a community service order, community based order, attendance order, intensive correction order or work and development order; or\n\n(f) some other restriction on your movements imposed by law or by order of a court.\n\nIf you are under a restriction of that kind, you must, as soon as practicable after you receive the attached subpoena, inform your supervisor of the service of the attached subpoena. If you are on bail, and your bail is subject to a condition that you report periodically to the police, your supervisor is any police officer at the police station at which you are required to report. If you are on bail, and your bail is subject to a condition that you report periodically to a correction service officer, that officer is your supervisor. In any other case, your supervisor is the person who supervises your compliance with the restriction.\n\nAlso, you must, as soon as practicable, inform the \\[issuing tribunal\\] \\[5and \\[person at whose request the subpoena was issued\\]\\] of the restriction to which you are subject.\n\nYou must take all reasonable steps to have the restriction varied so that you can comply with the attached subpoena.\n\nIf the restriction is not varied, you must inform the \\[issuing tribunal\\] \\[5and \\[person at whose request the subpoena was issued\\]\\] either:\n\n(a) of the steps you took to have the restriction varied, and that the restriction has not been varied; or\n\n(b) that the law does not permit that variation;\n\nwhichever is the case.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1If the process to be served is not called a subpoena, substitute the name of the process.\n\n2Include if the subpoena is issued in the performance of an adjudicative function.\n\n3Include if the subpoena is issued in the performance of an investigative function.\n\n4If the proper officer is not called the Secretary, substitute the correct title.\n\n5Include if the subpoena was issued at the request of a person.","sortOrder":12},{"sectionNumber":"Form 6—Notice when serving tribunal subp","sectionType":"part","heading":"Form 6—Notice when serving tribunal subpoena addressed to person in prison","content":"## Form 6—Notice when serving tribunal subpoena addressed to person in prison\n\nNote: This form is to be used when serving a subpoena issued by a tribunal that is addressed to a person who is in prison and who is required to attend or give oral evidence: see section 69 and subsection 80(1) of the Act.\n\nService and Execution of Process Act 1992\n\nNotice to witness\n\nThis notice is very important\n\nPlease read it and the attached document or documents very carefully\n\nIf you have any trouble understanding them you should ask to receive legal advice as soon as possible\n\nAttached to this notice is a subpoena1 (“the attached subpoena”) that is a subpoena for the purposes of the Service and Execution of Process Act 1992 issued by the \\[issuing tribunal\\].\n\nService of the attached subpoena outside \\[State or Territory of issue\\] is authorised by that Act.\n\nAn order, called an order for production, based on the attached subpoena has been served on the person in charge of the institution or place in which you are held. Under this order you will be taken to \\[name and location of the tribunal before which compliance is required\\], unless you are released before \\[date for compliance\\]. A copy of the order for production is required to be served on you by the person in charge of the institution or place in which you are held.\n\nYour rights\n\nThe person in charge of the institution or place in which you are held must provide any assistance that you reasonably require to:\n\n(a) apply to set aside or obtain other relief from the attached subpoena; or\n\n(b) apply to set aside or vary the order for production relating to the attached subpoena; or\n\n(c) obtain legal advice.\n\nYou may be able to apply to the \\[2\\[issuing tribunal\\] or to a court / 3Supreme Court of \\[State or Territory of issue\\]\\] to set aside or obtain other relief in respect of the attached subpoena or the order for production. If you would like to make an application you should ask for assistance to obtain legal advice as soon as possible. If you make an application to set aside or vary the order for production, you must, within 24 hours, give a copy to the person in charge of the institution or place in which you are held. \\[4If you make an application to set aside or obtain other relief in respect of the attached subpoena or the order for production, you must, within 24 hours, give a copy to \\[person at whose request the subpoena was issued\\].\\]\n\nYou will only be able to apply for the order for production to be varied or set aside if complying with it would have a substantial detrimental effect on your health or safety.\n\nIf the person in charge of the institution or place in which you are held makes an application to set aside or vary the order for production, you must be given a copy of that application within 24 hours of its being made.\n\nYour obligations on release from custody\n\nIf you are released from the institution or place where you are held before \\[date for compliance\\], you must obey the attached subpoena yourself if:\n\n(a) there is sufficient time between when you are released and \\[date for compliance\\] for it to be reasonably practicable for you to comply with the attached subpoena; and\n\n(b) a copy of the order for production was served on you with the attached subpoena; and\n\n(c) within a reasonable time after you were released you were offered or given:\n\n(i) enough money to meet your reasonable expenses in obeying it, including any travel and accommodation costs; or\n\n(ii) a combination of money, travel tickets and vouchers to meet those expenses.\n\nThis is most important\n\nIf, after your release, you are subject to a restriction on your movements that you might breach if you comply with the attached subpoena, there are some additional actions you must take for your own protection.\n\nThe restriction on you could be imposed as:\n\n(a) conditions of bail; or\n\n(b) conditional release from prison; or\n\n(c) conditions of probation; or\n\n(d) home or periodic detention; or\n\n(e) a community service order, community based order, attendance order, intensive correction order or work and development order; or\n\n(f) some other restriction on your movements imposed by law or by order of a court.\n\nIf you are under a restriction of that kind, you must, as soon as practicable after you are released, inform your supervisor of the service of the attached subpoena. If you are on bail, and your bail is subject to a condition that you report periodically to the police, your supervisor is any police officer at the police station at which you are required to report. If you are on bail, and your bail is subject to a condition that you report periodically to a correction service officer, that officer is your supervisor. In any other case, your supervisor is the person who supervises your compliance with the restriction.\n\nAlso, you must, as soon as practicable, inform the \\[issuing tribunal\\] \\[4and \\[person at whose request the subpoena was issued\\]\\] of the restriction to which you are subject.\n\nYou must take all reasonable steps to have the restriction varied so that you can comply with the attached subpoena.\n\nIf the restriction is not varied, you must inform the \\[issuing tribunal\\] \\[4and \\[person at whose request the subpoena was issued\\]\\] either:\n\n(a) of the steps you took to have the restriction varied, and that the restriction has not been varied; or\n\n(b) that the law does not permit that variation;\n\nwhichever is the case.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1If the process to be served is not called a subpoena, substitute the name of the process.\n\n2Include if the subpoena is issued in the performance of an adjudicative function.\n\n3Include if the subpoena is issued in the performance of an investigative function.\n\n4Include if the subpoena was issued at the request of a person.","sortOrder":13}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"These 2018 regulations remain strictly within the original scope of the Service and Execution of Process Act 1992 by prescribing forms, additional warrant-issuing authorities and correction-service office-holders exactly as contemplated by the Act's regulation-making powers; they have not expanded the Act's interstate service or transfer mechanisms."},"complexity_factors":["Six detailed prescribed forms containing numerous conditional placeholders, bracketed instructions and cross-references to varying time periods under the Act","Multiple state-by-state tables (regs 7 and 8) that incorporate definitions and offices from nine separate pieces of state and territory corrective-services legislation","Nested conditions within the forms for different scenarios (e.g. person in prison vs not in prison, subpoena requiring oral evidence vs documents only, Supreme Court vs other courts)","Frequent cross-references to specific paragraphs and sections of the Service and Execution of Process Act 1992 (e.g. s 16, para 31(a), s 81A, s 84)"],"plain_english_summary":"**This regulation prescribes the exact official forms (in Schedule 1) that must accompany key legal documents when they are served across Australian state and territory borders.** It supports the *Service and Execution of Process Act 1992* by detailing what notices defendants, witnesses and respondents must receive when someone tries to start a civil case, issue a subpoena, or begin tribunal proceedings against them from another jurisdiction.\n\nIt also lists extra officials who can issue warrants (such as parole boards in each state) and names the specific person in each state or territory who is treated as 'in charge' of the correction service for the purposes of transferring prisoners or people under community orders.\n\n**Who it affects**: Lawyers and courts serving interstate documents, people receiving a subpoena or court claim from another state, prison authorities moving inmates to appear in court, and parole or corrections bodies issuing warrants. \n\n**Why it matters**: Using the wrong form, missing a required warning, or failing to notify a supervisor about movement restrictions can invalidate service, lead to delays, or expose people to penalties for non-compliance with a subpoena. The rules ensure fair notice is given when legal action crosses borders."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not, on its face, change the substantive scope of the Service and Execution of Process Act 1992. Instead it implements that Act by prescribing (a) the forms and notices to be used when serving process outside the State or Territory of issue (regulation 6 and the Schedule Forms 1–6), (b) additional State bodies and persons who may issue warrants (regulation 7), and (c) which office-holders are treated as in charge of State correction services for Act purposes (regulation 8). These are procedural and administrative specifications made under the Act (regulation 3), rather than changes to the Act’s operative reach."},"complexity_factors":["Multiple prescribed forms (Schedule Forms 1–6) with bracketed optional text and substitution notes that require case-specific choices.","Cross-references to provisions of the Act and to State/Territory laws and time periods (e.g. references to sections 16, 17, 31(a), 41, 51, 59(a), 69) requiring legal checking before use.","State-by-state tables in regs 7 and 8 that map different named bodies and office-holders to the same functional roles, requiring attention to jurisdictional detail.","Procedural consequences in forms (timelines, requirements to serve copies on particular officers, and conditional compliance rules for prisoners and those under movement restrictions) that create multiple contingent paths.","Notes and substitution options in the Schedule that mean the prescribed text is not a single fixed template but a set of alternatives to be resolved per matter."],"plain_english_summary":"### What this instrument does\n\n- Sets out the specific written notices and templates that must be used when serving legal process (initiating processes and subpoenas) across State and Territory lines, by prescribing Forms 1–6 in the Schedule (see regulation 6 and the Schedule Forms 1–6).\n- Lists additional persons and bodies in each State that may issue warrants under the Service and Execution of Process Act 1992 (see regulation 7 and the table in reg 7).\n- Identifies, for each State and Territory, which office-holder is to be treated as the person in charge of the State correction service for the purposes of the Act (see regulation 8 and the table in reg 8).\n- Is made under the Service and Execution of Process Act 1992 (see regulation 3).\n\n### Who it affects\n\n- Courts and tribunals that issue process (they must rely on or supply prescribed notices where the Act requires) (regulation 6 and the Schedule Forms).\n- Authorities and persons who serve process outside the State or Territory of issue (they must use the prescribed notices where applicable) (regulation 6 and the Schedule Forms).\n- Individuals who are served (defendants, respondents, witnesses, persons in custody): the forms tell them their rights, obligations, and time limits for responses or compliance (see Forms 1–6 in the Schedule).\n- State correction and parole offices and named boards: the tables in regs 7 and 8 specify which bodies can issue warrants and which officers count as the person in charge of corrections for Act purposes.\n\n### Why it matters (mechanics, not policy)\n\n- Procedural standardisation: by prescribing the exact forms and the permitted optional wording, the instrument fixes the content of notices delivered across jurisdictions (regulation 6; Schedule Forms 1–6). That changes the mechanics of service by replacing ad hoc or locally drafted notices with specified templates.\n\n- Allocation of issuing authority and official responsibility: the instrument expands or clarifies which named State bodies or office-holders may issue warrants (regulation 7) and which office-holders are treated as in charge of corrections for service and production processes (regulation 8). This determines which organisations can request or receive production orders or be the point of contact for implementation.\n\n### Practical effects on behaviour and decisions\n\n- Servers and issuing bodies must use the prescribed notices (regulation 6 and Schedule Forms). The forms contain bracketed/optional text to be completed depending on circumstances (for example, timelines and whether an appearance is required), so the server must select and insert the correct options before service (see Forms 1–6).\n\n- Recipients are put on specified procedural tracks: the notices set out steps recipients must take to contest claims, time limits for filing appearances, and conditions for complying with subpoenas (for example, the 21-day appearance period and compliance conditions for subpoenas as described in Forms 1–3 and 5–6). These prescribed timelines and obligations operate mechanically from the point of service as described in each form.\n\n- State correction services and named parole/review boards are identified explicitly for particular functions (issuing warrants, receiving production orders, or providing assistance to prisoners served with subpoenas). That channels requests and obligations to the listed offices (regulations 7 and 8).\n\n### Implementation, compliance and trade-offs (source‑grounded)\n\n- Compliance burden: issuing officers and servers must ensure the correct form and the correct optional wording are used (regulation 6 and Schedule Forms 1–6). The forms also require certain documents or copies to be provided to specified officers (for example, orders for production to the person in charge of an institution where a prisoner is held — see Forms 3 and 6). That imposes procedural steps that must be followed to make service effective.\n\n- Reduction of local drafting discretion: prescribing forms reduces variability in notice content (regulation 6 and Schedule Forms). At the same time the forms contain bracketed choices and notes that require the issuer to determine which alternative or substitution applies in each case (see the bracketed options and notes in each form), so some case-by-case judgment remains.\n\n- Bureaucratic allocation and certainty: by naming specific State boards and office-holders (regulation 7 and regulation 8), the instrument removes ambiguity about who may issue warrants or who is treated as the person in charge for service and production orders. That clarifies lines of administrative responsibility but also fixes the recipients of obligations to the named offices.\n\n- Conditional mechanics and cross‑references: several forms instruct substitution of time periods or alternative text where State or Territory law provides different periods or where different procedural names apply (see notes in Forms 1, 2, 4, etc.). That requires servers and issuing courts to check relevant State/Territory law and the Act’s cross-referenced provisions before completing the prescribed form.\n\n### Sections cited\n\n- Authority: made under the Service and Execution of Process Act 1992 (regulation 3).\n- Prescribed notices: regulation 6 and Schedule Forms 1–6 (Forms set out the required notice content and optional text).\n- Additional authorities that may issue warrants: regulation 7 (state-by-state table).\n- Persons taken to be in charge of correction services: regulation 8 (state-by-state table)."}},"importantCases":[],"_links":{"self":"/api/acts/service-and-execution-of-process-regulations-2018","history":"/api/acts/service-and-execution-of-process-regulations-2018/history","analysis":"/api/acts/service-and-execution-of-process-regulations-2018/analysis","conflicts":"/api/acts/service-and-execution-of-process-regulations-2018/conflicts","importantCases":"/api/acts/service-and-execution-of-process-regulations-2018/important-cases","documents":"/api/acts/service-and-execution-of-process-regulations-2018/documents"}}