Document ID: chunk:federal_register_of_legislation:C2018C00175:section:87
Version: federal_register_of_legislation:C2018C00175
Segment Type: section
Provision Reference: s 87
Character Range: 111640–112930

87  Entitlement to expenses
 (1) This section applies to a warrant issued for the purpose of having a person attend before a court, authority or person to give evidence or produce a document or thing.
 (2) Subject to subsection (3), a person who has incurred reasonable expenses as a result of compliance (by that person or another person) with:
 (a) an order of a magistrate under subsection 83(8) in relation to a person brought before the magistrate under a warrant to which this section applies; or
 (b) an order of that kind made by the Supreme Court of a State under section 86;
is entitled to payment, from the person at whose request the warrant was issued, of an amount equal to those expenses.
 (3) Subsection (2) does not apply if:
 (a) the warrant was issued because of a person's failure to comply with a subpoena; and
 (b) that person:
 (i) is not a person under restraint; or
 (ii) is a person under restraint who has failed to comply with section 36.
 (4) The court or authority that issued the warrant may make orders to ensure that the person who incurred those expenses receives the exact amount of those expenses.
 (5) If the warrant was issued by a court, the orders may be made by an officer of the court if the rules governing the procedure of the court so provide.