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DRUG AND ALCOHOL TREATMENT ACT 2007 - SECT 39
Production of evidence
39 Production of evidence
(1) The Magistrate may of his or her own motion, or on the application of
another person involved in the proceeding, issue a summons requiring the
person to whom the summons is addressed to do either or both of the following
things-- (a) to attend as a witness in the proceedings,
(b) to attend the
proceedings and to produce any documents in the possession or under the
control of the person relating to the proceedings and specified in the
summons.
(2) The regulations may make provision for or with respect to
authorising compliance with a summons to produce any documents by the
production of the documents at a place specified in the summons at any time
before the proceedings at which the documents are required to be produced.
(3) A person to whom a summons is addressed is entitled to receive the amounts
payable for compliance with a subpoena under the Uniform Civil Procedure
Rules 2005 -- (a) if the summons was issued by the Magistrate on his or her
own motion, from the Magistrate, or
(b) if the summons was issued on the
application of another person, from the other person.
(4) If a person-- (a)
is served with a summons under this section, and
(b) at the time of service,
is given an amount that is sufficient to cover the person's travelling and
other out-of-pocket expenses in attending the proceedings and producing any
thing required by the summons to be produced,
the person must comply with the
summons, unless the person has a reasonable excuse. : Maximum penalty--50
penalty units.
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