ACTIn ForceAct
Magistrates Court Act 1930
318Person about to leave ACT may be ordered to be
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318 Person about to leave ACT may be ordered to be
examined or produce documents
(1) If, by evidence on oath, a magistrate is satisfied that any person is
able to give material evidence or to produce relevant or material
documents relating to any information or claim pending before a
court, and that the person is likely to be absent from the ACT when
the case comes on for hearing, the magistrate may, on the application
of any party, order that the evidence of the person be taken or the
documents be produced before the magistrate, at any time before the
hearing, in the same way as the evidence would be taken or the
documents be produced at the hearing and after reasonable notice of
the intended examination or production is given to the other party.
(2) If an order under subsection (1) is served on a person, it must be
accompanied by a form to be completed by the person to claim his or
her reasonable costs and expenses of attending the examination or
production.
(3) A person is not entitled to refuse to comply with an order under
subsection (1) because the person was not given the form mentioned
in subsection (2) when the order was served on the person.
(4) The taking of depositions before a magistrate under subsection (1) is
a proceeding for section 316 (Recordings of proceedings).