Section 16 requires that service of initiating process in civil proceedings is effective only if copies of prescribed notices are attached. Section 18 requires an appearance to state an address within Australia as address for service, and the appearance is effective only if it contains such an address, with the court required to set aside the appearance on application if the address is false or misleading. Section 19 empowers the court on application by the person served to order security for costs and stay the proceeding until security is given. Section 20 empowers the court of issue other than a Supreme Court to stay proceedings if satisfied another State court with jurisdiction is appropriate, considering residence of parties and witnesses, location of subject matter, financial circumstances, agreements on court, applicable law and related proceedings, but excluding the fact of commencement in the place of issue, and the order may be subject to conditions for expeditious determination, with hearings possible by audio or audiovisual link and rights of audience for entitled practitioners.
Section 25 requires that service of criminal initiating process is effective only if the period between service and the day for compliance is not less than 21 days or a shorter period allowed on application considering urgency, residence or business location and related proceedings. Section 29 requires that service of a subpoena is effective only if it contains an address for service of the person at whose request it was issued. Section 30 requires that service of a subpoena is effective only if the period between service and compliance is not less than 14 days or a shorter period allowed if evidence is necessary in the interests of justice with enough time for compliance and relief applications, with a condition that the subpoena not be served after a specified day. Section 31 requires prescribed notices and any shorter period order to be attached. Section 32 requires allowances and travelling expenses sufficient for reasonable expenses to be paid or tendered at service or reasonable time before compliance.
Section 33 allows applications for relief from a subpoena to be transmitted by fax with a copy served within 24 hours excluding weekends and public holidays, with hearings possible without appearance or by audio or audiovisual link and rights of audience. Section 34 allows compliance with a production-only subpoena by delivery to the Registrar or Clerk not less than 24 hours prior. Section 35 entitles the person served to payment of reasonable expenses by the requester or issuing State, with court orders to ensure exact amount. Section 36 provides that service on a person under restraint does not relieve obligations under restraint laws, but no action for non-compliance may be taken if the person informs supervisor, requester and court or authority of the restriction, takes reasonable steps to vary it, does not succeed in time, and informs of the outcome. Section 37 allows warrants for non-compliance as if served in the place of issue.
Section 39 allows an order for production of a prisoner only if evidence is necessary in the interests of justice with enough time for compliance and relief applications, with possible security and conditions. Section 40 requires service on the custodian with a copy for the prisoner, and the custodian must comply and serve the prisoner copy. Section 42 requires expenses to be paid or tendered to the custodian. Section 43 allows fax applications for relief by the prisoner with 24-hour copy service. Section 44 allows the custodian or prisoner to apply to set aside or vary the order for production, with the prisoner's application limited to substantial detrimental effect on health or safety, and the court must consider public safety and prisoner's health and safety. Section 45 entitles reasonable expenses from compliance with an order for production. Section 46 provides that the custodian and escort have custody and powers of detention and disposition outside the State, may require other prisons to receive the prisoner, and the sentence continues while in custody.
Section 50 permits service of tribunal initiating process on the same basis as civil process. Section 52 sets appearance time at 21 days or shorter allowed on application considering urgency, residence and related proceedings. Section 53 requires appearance to state Australian address for service with similar effectiveness and setting aside rules. Section 54 allows security for costs orders if the tribunal has power under place of issue law. Section 57 allows leave to serve adjudicative tribunal subpoenas only if evidence is necessary in the interests of justice with enough time, with conditions including not serving after a specified day. Section 60 requires payment or tender of expenses. Section 61 allows fax relief applications with 24-hour service. Section 62 allows production-only compliance by delivery to tribunal secretary. Section 63 entitles reasonable expenses payable per place of issue law or by requester or State. Section 64 applies similar restraint person protections. Section 65 allows warrants for non-compliance. Section 67 allows orders for production of prisoners for adjudicative tribunal subpoenas on similar justice and time tests with security possible. Sections 68 to 74 apply parallel service, expense, relief and custody rules.
Section 76 allows Supreme Court leave for investigative subpoenas only if relevant to the function and if relating to matters of state in the public interest, with conditions. Section 77 applies sections 58 to 65 with modifications including relief only to Supreme Court and expenses by issuing State. Section 79 allows Supreme Court orders for production of prisoners on similar relevance and public interest tests. Section 80 applies sections 68 to 74 with modifications including applications to Supreme Court and expenses by State.
Section 82 allows apprehension in another State by police, Sheriff or Australian Federal Police without initial production of warrant. Section 83 requires the person to be taken before a magistrate as soon as practicable, with production of warrant or copy, possible adjournment up to total 5 days if unavailable, release if invalid or unavailable after adjournment, and remand on bail or in custody to place of issue if produced. Section 84 requires enquiries about restraint before dealing, with offences for failing to answer or giving false answers, adjournments and notifications to correction services for persons under restraint, and conditions for return to State of restraint. Section 85 requires preparation and signing of bail instrument. Section 85A requires notifications of release or remand to clerks and other police forces. Section 86 allows Supreme Court review within 7 days by rehearing with possible stay, confirmation, variation or revocation. Section 87 entitles reasonable expenses from compliance with magistrate or Supreme Court orders, with court orders for exact amount. Section 88 applies State bail law. Section 89 provides custody powers and deems sentences to continue. Section 90 allows application for release if custody unnecessary.
Section 92 applies Division 1 to tribunal warrants with modifications. Section 93 allows Supreme Court apprehension orders for tribunal warrants on justice or relevance and public interest tests. Section 94 modifies respondent and service for investigative warrants. Section 94B gives warrants effect in transit States. Section 94C applies escape liability in transit States. Section 94D gives executing persons detention powers in transit States. Section 96 allows suppression orders on application if publication would give rise to substantial risk of prejudice to fair trial, death or injury to witnesses or family, damage to property, prejudice to prosecution or investigations, national security prejudice, identification of sexual offence victims, or identification of children in welfare proceedings. Section 97 provides duration and enforceability of orders. Section 98 allows interim orders. Section 99 allows variation or revocation on application with revocation if grounds no longer exist but continuation on other grounds possible. Section 100 lists applicants for orders and variation. Section 101 allows appeals to Supreme Court from magistrate decisions. Section 102 lists persons who may institute appeals. Section 103 creates strict liability offence of failing to comply with suppression order with 6 months imprisonment penalty and defence of lack of knowledge with reasonable inquiries.
Section 105 requires registration of sealed copy or fax of judgment in appropriate court of another State, with registered judgment having same force and effect as if given by registering court, subject to enforcement only to extent enforceable in place of rendition. Section 106 allows stay of enforcement on conditions for expeditious relief in place of rendition. Section 107 allows recovery of reasonable obtaining and lodging costs and execution attempt costs. Section 108 provides interest at rendition court rates. Section 109 prohibits refusal on private international law grounds.
Section 112 allows fine enforcement officer of originating State to request registration in another State if undischarged, offender appears resident there, and fine is post-commencement, related pre-commencement or pre-commencement serious. Section 113 requires registration of compliant requests with limits on related pre-commencement fines. Section 114 gives registered fine same force and effect as local but enforceable only in registering State to extent enforceable in originating State and prohibits imprisonment. Section 115 requires notification and amendment for partial payments. Section 116 requires notification and cancellation for full payment or non-residence. Section 117 requires notification and forwarding of payments. Section 118 requires cancellation if request non-compliant, offender incorrect, not resident or prescribed matter applies. Section 119 restores enforcement to originating State on cancellation and requires cancellation of related pre-commencement fines in specified cases. Section 120 confines challenges to originating State law, requires notification, suspends enforcement during challenge, and requires cancellation if upheld.