14Interpretation and application

14 Interpretation and application

14 Interpretation and application

(1) In these Rules—

access order, in relation to a subpoena requiring production, means an order of the Tribunal granting access to specified documents or things produced pursuant to the subpoena (whether with or without conditions).

person named means, in relation to a subpoena, the person to whom the subpoena is addressed.

privileged document or thing, in relation to a subpoena, means—

(a) a document or thing of which evidence could not be adduced in an action over the objection of any person, by virtue of the operation of Part 3.10 (other than sections 128 and 130) of the Evidence Act 1995, or

(b) if the party on whom the subpoena is served is a natural person—a document or thing the contents or production of which may tend to prove that the party—

(i) has committed an offence against or arising under an Australian law or a law of a foreign country, or

(ii) is liable to a civil penalty, within the meaning of the Evidence Act 1995, or

(c) a document that relates to matters of state within the meaning of section 130 of the Evidence Act 1995, unless and until the Tribunal directs that it cease to be a privileged document.

requesting party for a subpoena means a person who is requesting, or who has requested, the issue of the subpoena.

return date for a subpoena means the date on which the subpoena is returnable.

(2) These Rules apply to subpoenas issued on or after the commencement of these Rules.

(3) The provisions of these Rules apply to the exclusion of the equivalent provisions of the Uniform Civil Procedure Rules 2005 .