Document ID: chunk:federal_register_of_legislation:C2018C00175:section:57
Version: federal_register_of_legislation:C2018C00175
Segment Type: section
Provision Reference: s 57
Character Range: 70770–72254

57  Order for leave
 (1) A court of a State in which a subpoena is issued may give leave to serve the subpoena outside the State.
 (2) The court may give leave only if it is satisfied that:
 (a) the giving of the evidence likely to be given by the person to whom the subpoena is addressed, or the production of a document or thing specified in the subpoena, is necessary in the interests of justice; and
 (b) there will be enough time for the person:
 (i) to comply with the subpoena without hardship or serious inconvenience; and
 (ii) to make an application under section 61.
 (3) In granting an application under this section, the court:
 (a) is to impose a condition that the subpoena not be served after a specified day; and
 (b) may impose other conditions.
 (4) In this section:
court means:
 (a) in any case—a person who:
 (i) is a magistrate or judge; and
 (ii) is a member of, or constitutes, the tribunal that issued the subpoena; or
 (b) if the subject matter of the proceeding to which the subpoena relates has a monetary value or concerns a claim for payment of money:
 (i) the court that would have jurisdiction to the extent of that monetary value or the amount claimed; or
 (ii) where there is more than one such court—the court of more limited jurisdiction; or
 (c) if the subject matter of the proceeding does not have a monetary value and does not concern a claim for payment of money—a judge of any court, or a magistrate, of the place of issue of the subpoena.