Form 5—Notice when serving tribunal subpForm 5—Notice when serving tribunal subpoena

Form 5—Notice when serving tribunal subpoena

Note: This form is to be used when serving a subpoena issued by a tribunal that is addressed to a person who is not in prison, or who is in prison but who does not need to attend or give oral evidence: see paragraph 59(a) and subsection 77(1) of the Act.

Service and Execution of Process Act 1992

Notice to witness

This notice is very important

Please read it and the attached document or documents very carefully

If you have any trouble understanding them you should get legal advice as soon as possible

Attached to this notice is a subpoena1 (“the attached subpoena”) that is a subpoena for the purposes of the Service and Execution of Process Act 1992 issued by the [issuing tribunal].

Service of the attached subpoena outside [State or Territory of issue] is authorised by [court or person that gave leave to serve the subpoena] under that Act.

Your rights

You may be able to apply to the [2[issuing tribunal] or to a court / 3Supreme Court of [State or Territory of issue]] to set aside or obtain other relief in respect of the attached subpoena. If you would like to make an application you should get legal advice as soon as possible.

Your obligations

You must obey the attached subpoena if:

(a) at the time of service or at some reasonable time before [date for compliance] you were offered or given:

(i) enough money to meet your reasonable expenses in obeying it, including any travel and accommodation costs; or

(ii) a combination of money, travel tickets and vouchers to meet those expenses; and

(b) you received with the attached subpoena a copy of an order from [2a court in / 3the Supreme Court of] [State or Territory of issue] permitting the attached subpoena to be served outside [State or Territory of issue] and specifying the day before which it must be served.

If the attached subpoena only requires production of documents or things, you may comply with the attached subpoena by delivering the documents or things at least 24 hours before [date for compliance] to the Secretary4 of the [issuing tribunal].

This is most important

If you are subject to a restriction on your movements that you might breach if you comply with the attached subpoena, there are some additional actions you must take for your own protection.

The restriction on you could be imposed as:

(a) conditions of bail; or

(b) conditional release from prison; or

(c) conditions of probation; or

(d) home or periodic detention; or