New South Wales Consolidated Acts

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CORONERS ACT 2009 - SECT 66

Subpoena for appearance or warrant for arrest of witness

66 Subpoena for appearance or warrant for arrest of witness

(cf Coroners Act 1980 , s 35)

(1) If it appears to a coroner that any person is likely to be able to give material evidence in coronial proceedings, or is likely to have in his or her possession or power any document or thing required for the purposes of evidence in the proceedings, the coroner may issue any of the following subpoenas--
(a) a subpoena for the appearance of the person to be examined as a witness,
(b) a subpoena for the person to produce the document or thing,
(c) a subpoena both for the appearance of that person to be examined as a witness and to produce the document or thing.
(2) However, if the coroner is satisfied by evidence on oath or affirmation that it is probable that the person will not comply with a subpoena unless compelled to do so, the coroner may issue a warrant in the first instance for the arrest of that person.
(3) A coroner may exercise a function under this section in respect of coronial proceedings being conducted by another coroner, but only with the consent of that other coroner.
(4) A person is not bound to produce any document or thing--
(a) not specified or otherwise sufficiently described in a subpoena or arrest warrant issued under this section in respect of the person, or
(b) that the person would not be bound to produce on a subpoena for production in the Supreme Court.
(5) An assistant coroner may, at the direction of a coroner given in a particular case, exercise the power of the coroner to issue a subpoena or arrest warrant under this section.



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