New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 166

Production of evidence

166 Production of evidence

(1) The Board may, of its own motion or on the application of a person who has made an application to the Board for consent to perform psychosurgery, issue a summons in the prescribed form requiring the person to whom the summons is addressed to do either or both of the following things:
(a) to attend as a witness at the hearing of the application,
(b) to attend at the hearing and to produce any documents in the possession or under the control of the person relating to the hearing 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 hearing at which the documents are required to be produced.
(3) A person to whom a summons is addressed is entitled to receive:
(a) if the summons was issued by the Board of its own motion, from the Board, or
(b) if the summons was issued on the application of a person whose application is being heard by the Board, from the person,
his or her reasonable costs, including any loss of earnings, incurred by the person in obeying the summons, calculated in accordance with the scales relating to summonses issued out of the District Court.
(4) A person:
(a) who is served with a summons addressed to the person under this section, and
(b) to whom, at the time of service, is tendered an amount that is sufficient to cover the person's travelling and other out-of-pocket expenses in attending the hearing specified in the summons and producing anything required by the summons to be produced,
must not, without cause, fail or refuse to obey the summons.
Maximum penalty: 50 penalty units.



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