Document ID: chunk:federal_register_of_legislation:C2018C00175:section:3:p4
Version: federal_register_of_legislation:C2018C00175
Segment Type: section
Provision Reference: s 3 (pt 4/5)
Character Range: 15879–18334

under a probation order; or
 (d) is serving a period of home detention or a term of imprisonment by way of periodic detention; or
 (e) is subject to:
 (i) a community service order; or
 (ii) a community based order; or
 (iii) an attendance order; or
 (iv) a work and development order; or
 (v) any other restriction on his or her movements, imposed by law or by order of a court, that is inconsistent with the person complying with a subpoena served on the person under this Act;
but does not include a person who is in prison.
place of issue, in relation to a process, means the State in which the process was issued.
prescribed means prescribed by the regulations or by rules regulating the practice and procedure of a court.
prison includes a gaol, lock‑up or other place of detention.
proceeding, except in Part 4, means a proceeding in a court or before an authority (other than a tribunal that is an authority) and includes:
 (a) an interlocutory or similar proceeding; and
 (b) a proceeding heard in chambers.
proceeds of crime legislation means:
 (a) the Proceeds of Crime Act 1987; or
 (b) the Proceeds of Crime Act 2002; or
 (c) a law of a State that is a corresponding law within the meaning of the Proceeds of Crime Act 2002.
registered body has the same meaning as it has in section 601CX of the Corporations Act 2001.
State includes the meaning given in section 5.
subpoena, except in Part 4, means a process that requires a person to do one or both of the following:
 (a) to give oral evidence before a court, authority or person;
 (b) to produce a document or thing to a court, authority or person;
but does not include a process that requires a person to produce a document in connection with discovery and inspection of documents.
tribunal means:
 (a) a person appointed by the Governor of a State, or by or under a law of a State; or
 (b) a body established by or under a law of a State;
and authorised by or under a law of the State to take evidence on oath or affirmation, but does not include:
 (c) a court; or
 (d) a person exercising a power conferred on the person as a judge, magistrate, coroner or officer of a court.
Note: Section 81A alters the meaning of this term for the purposes of Part 5.
warrant (except in the definition of authority in section 81A) means a process issued by a court, authority or tribunal in accordance with:
 (aa) this Act; or
 (a) a law of a State; or
 (b) the provisions of such a law as applied by