Document ID: chunk:federal_register_of_legislation:F2024C00350:schedule:1:p9
Version: federal_register_of_legislation:F2024C00350
Segment Type: schedule
Provision Reference: sch 1 (pt 9/13)
Character Range: 28648–31281

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 tribunal] [5and [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.
______________
1If the process to be served is not called a subpoena, substitute the name of the process.
2Include if the subpoena is issued in the performance of an adjudicative function.
3Include if the subpoena is issued in the performance of an investigative function.
4If the proper officer is not called the Secretary, substitute the correct title.
5Include if the subpoena was issued at the request of a person.

Form 6—Notice when serving tribunal subpoena addressed to person in prison
Note: This form is to be used when serving a subpoena issued by a tribunal that is addressed to a person who is in prison and who is required to attend or give oral evidence: see section 69 and subsection 80(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 ask to receive 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 that Act.

An order, called an order for production, based on the attached subpoena has been served on the person in charge of the institution or place in which you are held. Under this order you will be taken to [name and location of the tribunal before which compliance is required], unless you are released before [date for compliance]. A copy of the order for production is required to be served on you by the person in charge of the institution or place in which you are held.

Your rights

The person in charge of the institution or place in which you are held must provide any assistance that you reasonably require to:

    (a) apply to set aside or obtain other relief from the attached subpoena; or

    (b) apply to set aside or vary the order for production relating to the attached subpoena; or

    (c) obtain legal advice.

You may be able to apply to the [2[issuing tribunal]