CTHIn ForceAct
Service and Execution of Process Act 1992
76Order for leave
Start here
Get a plain-English read of 76
Turn the raw legal text into a practical explanation grounded in Service and Execution of Process Act 1992.
#### 76 Order for leave
(1) The Supreme Court of a State in which a subpoena is issued may, on application, give leave to serve the subpoena outside the State.
(2) The court may give leave only if it is satisfied that:
(a) the evidence likely to be given by the person to whom the subpoena is addressed, or a document or thing specified in the subpoena, is relevant to the performance by the tribunal of the investigative function concerned; and
(b) if the evidence, document or thing may constitute or contain evidence that relates to matters of state—it is in the public interest that the evidence be given or the document or thing be produced.
(3) In granting an application, the court:
(a) is to impose a condition that the subpoena not be served after a specified day; and
(b) may impose other conditions.