45Expenses of witnesses

### 45 Expenses of witnesses > > (1)  A party to a proceeding under this Act, not being a public officer, is liable as in civil proceedings to a witness whose attendance at the proceedings he has procured by summons or otherwise for expenses and compensation, notwithstanding that an order may be or is made for the payment of that party's costs (including witnesses' expenses and compensation) by another party to the proceedings. > > > (2)  [*\[Section 45 Subsection (2) amended by No. 13 of 1996, s. 23, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-1996-013#GS23@Hpa@EN) A party to a proceeding under this Act may ask the justices hearing it to fix the expenses and compensation of any witness to whom he is liable therefor, and the justices shall, before concluding the proceeding, make an order fixing them in accordance with the scale for the time being prescribed for the purposes of [section 17 of the](/view/html/inforce/2026-04-12/act-9999-999#) [Criminal Procedure (Attendance of Witnesses) Act 1996](/view/html/inforce/2026-04-12/act-9999-999) . > > > (3)  If the justices have reason to believe that a person who has appeared and given evidence, or, as the case may be, has appeared and produced any documents, writings, or articles, on the hearing of a complaint, has – > > > > > > (a) attempted to evade service of a summons served on him for that purpose; or > > > > > > > (b) failed to appear in obedience to a summons so served or in pursuance of a recognizance to appear and give evidence – > > > > or if, in the opinion of the justices, the conduct or demeanour of that person when appearing before the justices on the hearing of the complaint is unsatisfactory or improper, the justices may expressly fix less than they would otherwise fix under this section or may refuse to make an order fixing the expenses and compensation to be paid to that person. > > > (4)  Where a person is liable to pay a witness in a proceeding under this Act a reasonable amount or as much as he deserves for expenses and compensation, an order under [subsection (2)](#GS45@Gs2@EN) is conclusive of the amount. > > > (5)  *\[Section 45 Subsection (5) omitted by No. 108 of 1974, s. 38 and Sched. 1 \]*.  .  .  .  .  .  .  .   > > > (6)  [*\[Section 45 Subsection (6) amended by No. 13 of 1996, s. 23, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-1996-013#GS23@Hpb@EN) A public officer who is a party to a proceeding under this Act may, at or after the hearing, obtain an order under [subsection (2)](#GS45@Gs2@EN) as if he were personally liable to the witnesses whose attendance at the proceeding he has procured, and may, in the case of an indictable offence, have included in the order the expenses and compensation of any person who might be entitled under [section 17 of the](/view/html/inforce/2026-04-12/act-9999-999#) [Criminal Procedure (Attendance of Witnesses) Act 1996](/view/html/inforce/2026-04-12/act-9999-999) as if he were personally liable to that person for the expenses and compensation. > > > (7)  *\[Section 45 Subsection (7) amended by No. 45 of 1986, s. 7 \]**\[Section 45 Subsection (7) amended by No. 5 of 1990, s. 3 and Sched. 1 \]*A witness whose expenses and compensation are fixed by an order under [subsection (6)](#GS45@Gs6@EN) is entitled to payment by the Secretary of the amount so fixed, out of moneys to be provided by Parliament for that purpose, upon claim made and verified as directed by the Attorney-General. > > > (8)  *\[Section 45 Subsection (8) amended by No. 45 of 1986, s. 7 \]**\[Section 45 Subsection (8) amended by No. 5 of 1990, s. 3 and Sched. 1 \]*A clerk of petty sessions who receives a sum allowed for costs under [section 77](#GS77@EN) shall account to the Secretary for any payment made under [subsection (7)](#GS45@Gs7@EN) upon an order under [subsection (6)](#GS45@Gs6@EN) obtained in the same proceedings. > > > (9)  A public officer who receives a sum allowed him for costs under [section 77](#GS77@EN) shall pay over that sum to the clerk of petty sessions who would have received it if it had been levied by execution. > > > (10)  [*\[Section 45 Subsection (10) substituted by No. 13 of 1996, s. 23, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-1996-013#GS23@Hpc@EN) Payment under [subsection (7)](#GS45@Gs7@EN) is taken as satisfaction of an entitlement under [section 17 of the](/view/html/inforce/2026-04-12/act-9999-999#) [Criminal Procedure (Attendance of Witnesses) Act 1996](/view/html/inforce/2026-04-12/act-9999-999) in respect of the same attendance of a witness. > > > (11)  Nothing in this section affects the operation of [section 77](#GS77@EN) , and the justices are not bound to make the amount which a witness is entitled to receive under this section from the party who procured his attendance the same as the amount which they allow under that section against the opposite party.