Document ID: chunk:federal_register_of_legislation:F2024C00350:schedule:1:p5
Version: federal_register_of_legislation:F2024C00350
Segment Type: schedule
Provision Reference: sch 1 (pt 5/13)
Character Range: 18933–21572

a copy to the person in charge of the institution or place in which you are held. [2If you make an application to set aside or obtain other relief in respect of the attached subpoena or the order for production, you must, within 24 hours, give a copy to [person at whose request the subpoena was issued].]

You will only be able to apply for the order for production to be varied or set aside if complying with it would have a substantial detrimental effect on your health or safety.

If the person in charge of the institution or place in which you are held makes an application to set aside or vary the order for production, you must be given a copy of that application within 24 hours of its being made.

Your obligations on release from custody

If you are released from the institution or place where you are held before [date for compliance], you must obey the attached subpoena yourself if:

    (a) there is sufficient time between when you are released and [date for compliance] for it to be reasonably practicable for you to comply with the attached subpoena; and

    (b) a copy of the order for production was served on you with the attached subpoena; and

    (c) within a reasonable time after you were released 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.

This is most important

If, after your release, 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 are released, 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