39Production of evidence

39 Production of evidence

39 Production of evidence

(1) The Judge may of his or her own motion, or on the application of another person involved in the proceeding, issue a summons requiring the person to whom the summons is addressed to do either or both of the following things—

(a) to attend as a witness in the proceedings,

(b) to attend the proceedings and to produce any documents in the possession or under the control of the person relating to the proceedings and specified in the summons.

(2) The regulations may make provision for or with respect to authorising compliance with a summons to produce any documents by the production of the documents at a place specified in the summons at any time before the proceedings at which the documents are required to be produced.

(3) A person to whom a summons is addressed is entitled to receive the amounts payable for compliance with a subpoena under the Uniform Civil Procedure Rules 2005—

(a) if the summons was issued by the Judge on his or her own motion, from the Judge, or

(b) if the summons was issued on the application of another person, from the other person.

(4) If a person—

(a) is served with a summons under this section, and

(b) at the time of service, is given an amount that is sufficient to cover the person’s travelling and other out-of-pocket expenses in attending the proceedings and producing any thing required by the summons to be produced,

the person must comply with the summons, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.