3Power of Magistrate or eligible Judge to send for witnesses and documents

3 Power of Magistrate or eligible Judge to send for witnesses and documents

(1) A Magistrate or an eligible Judge acting under the Act may issue a summons in accordance with Form 1: (a) requiring a named person to attend as a witness before a Magistrate or an eligible Judge to do any of the following: (i) to give evidence as required under the summons; (ii) to answer questions as required under the summons; (iii) to produce documents and other articles in the person’s custody or control as required under the summons; or (b) requiring a named person who is only to produce documents, other articles, or both: (i) to attend before a Magistrate or an eligible Judge; and (ii) produce the documents (if any) in the person’s custody or control; and (iii) produce the other articles (if any) in the person’s custody or control. (2) Service on a person of a summons under this regulation may be effected in any State or Territory and shall be effected by delivering a copy of the summons to the person personally or to a duly authorised person (authorised by the person to be served) and, at the same time, showing the summons to the person. (3) If service on a person cannot be effected under subregulation (2) for any reason, a Magistrate or an eligible Judge may, on application, order that, instead of service, the steps specified in the order are to be taken to bring the document to the notice of a person named in the summons. (4) If a Magistrate or an eligible Judge makes an order under subregulation (3), the Magistrate or Judge may order that the document be taken to have been served on the happening of a specified event, or on the expiry of any specified time.