Document ID: chunk:federal_register_of_legislation:F2024C00350:schedule:1:p3
Version: federal_register_of_legislation:F2024C00350
Segment Type: schedule
Provision Reference: sch 1 (pt 3/13)
Character Range: 14149–16843

subpoena a copy of an order made by [issuing court or authority] permitting the attached subpoena to be served at that time.

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 Registrar3 of [issuing court or the court to which the issuing authority belongs].

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

    (e) a community service order, community based order, attendance order, intensive correction order or work and development order; or

    (f) some other restriction on your movements imposed by law or by order of a court.

If you are under a restriction of that kind, you must, as soon as practicable after you receive the attached subpoena, inform your supervisor of the service of the attached subpoena. If you are on bail, and your bail is subject to a condition that you report periodically to the police, your supervisor is any police officer at the police station at which you are required to report. If you are on bail, and your bail is subject to a condition that you report periodically to a correction service officer, that officer is your supervisor. In any other case, your supervisor is the person who supervises your compliance with the restriction.

Also, you must, as soon as practicable, inform the [issuing court or authority] [4and [person at whose request the subpoena was issued]] of the restriction to which you are subject.

You must take all reasonable steps to have the restriction varied so that you can comply with the attached subpoena.

If the restriction is not varied, you must inform the [issuing court or authority] [4and [person at whose request the subpoena was issued]] either:

    (a) of the steps you took to have the restriction varied, and that the restriction has not been varied; or

    (b) that the law does not permit that variation;

whichever is the case.
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1If the process to be served is not called a subpoena, substitute the name of the process.
2If the law of the State or Territory requires a longer period than 14 days from the service of a subpoena until the return date, substitute that period.
3Or "Clerk", as appropriate.
4Include if the subpoena was issued at the request of a