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Service and Execution of Process Act 1992
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Attorney-General's Department
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C2018C00175 (C19)
11 May 2018
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Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Copies
5 Territories regarded as States
6 Act to bind Crown
7 Territories
8 Effect on the operation of other laws
8A Application of the Criminal Code
9 Service on companies and registered bodies
10 Service on other bodies corporate
11 Proof of service
12 Effect of service
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Part 2—Service of process in civil and criminal proceedings
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Division 1—Initiating process in civil proceedings
13 Application of Division
14 Meaning of appearance
15 Initiating process may be served in any part of Australia
16 Information to be provided
17 Time for appearance
18 Appearance to state address for service
19 Security for costs
20 Stay of proceedings
21 No restraint of proceedings
Division 2—Initiating process in criminal proceedings
22 Application of Division
23 Initiating process
24 Initiating process may be served in any part of Australia
25 Time for service
Division 3—Other process
26 Application of Division
27 Other process may be served in any part of Australia
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Part 3—Service of subpoenas
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Division 1—Service of subpoenas generally
28 Application of Division
29 Subpoenas may be served in any part of Australia
30 Time for service
31 Information to be provided
32 Expenses
33 Application for relief from subpoena
34 Subpoenas not requiring attendance
35 Entitlement to expenses
36 Persons under restraint
37 Issue of warrants for non compliance with subpoenas
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Division 2—Service of subpoenas addressed to persons in prison
38 Application of Division
39 Order for production
40 Service of order for production
41 Information to be provided
42 Expenses
43 Application for relief from subpoena
44 Application for relief from order for production
45 Entitlement to expenses
46 Custody of prisoner etc.
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Part 4—Service of process of tribunals
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Division 1—Preliminary
47 Interpretation
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Division 2—Service of initiating and other process related to adjudicative functions
48 Application of Division
49 Meaning of appearance
50 Initiating process may be served in any part of Australia
51 Information to be provided
52 Time for appearance
53 Appearance to state address for service
54 Security for costs
55 Other process may be served in any part of Australia
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Division 3—Service of subpoenas in the performance of adjudicative functions
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Subdivision A—Service of subpoenas generally
56 Application of Subdivision
57 Order for leave
58 Subpoenas may be served in any part of Australia
59 Information to be provided
60 Expenses
61 Application for relief from subpoena
62 Subpoenas not requiring attendance
63 Entitlement to expenses
64 Persons under restraint
65 Issue of warrants for non compliance with subpoenas
Subdivision B—Service of subpoenas addressed to persons in prison
66 Application of Subdivision
67 Order for production
68 Service of order for production
69 Information to be provided
70 Expenses
71 Application for relief from subpoena
72 Application for relief from order for production
73 Entitlement to expenses
74 Custody of prisoner etc.
Division 4—Service of subpoenas in the performance of investigative functions
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Subdivision A—Service of subpoenas generally
75 Application of Subdivision
76 Order for leave
77 Application of other provisions
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Subdivision B—Service of subpoenas addressed to persons in prison
78 Application of Subdivision
79 Order for production
80 Application of other provisions
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Part 5—Execution of warrants
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Division 1—General
81 Application of Division
81A Interpretation
82 Persons subject to warrants may be apprehended
83 Procedure after apprehension
84 Additional provisions relating to persons under restraint
85 Procedure on remand on bail
85A Notification when persons are released or remanded on bail
86 Review
87 Entitlement to expenses
88 Law applicable to grant etc. of bail
89 Custody of persons etc.
90 Release of persons unnecessarily detained
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Division 2—Execution of warrants issued by tribunals
91 Application of Division
92 Application of Division 1 to certain warrants issued by tribunals
93 Orders for the execution of warrants
94 Additional provisions relating to warrants issued in the performance of investigative functions
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Division 2A—Transit through State in execution of warrant
94A Application of Division
94B Effect of warrant
94C Applicable laws relating to escape from custody
94D Powers of person executing the warrant
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Division 3—Suppression orders
95 Interpretation
96 Suppression orders
97 Duration etc. of suppression orders
98 Interim suppression orders
99 Variation and revocation of suppression orders
100 Applications for suppression orders etc.
101 Appeals against suppression orders
102 Institution of appeals
103 Disobedience of suppression orders
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Part 6—Judgments
104 Interpretation
105 Enforcement of judgments
106 Stay may be granted
107 Costs
108 Interest
109 Rules of private international law not to apply
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Part 7—Enforcement of fines imposed by courts of summary jurisdiction
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Division 1—Preliminary
110 Definitions
111 Constitution of courts
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Division 2—Registration and enforcement of fines
112 Request for registration
113 Registration
114 Effect of registration
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Division 3—Amendment, cancellation and challenge to imposition etc.
115 Amendment of registration initiated by originating State
116 Cancellation of registration initiated by originating State
117 Payment of fine to the registering State
118 Cancellation of registration initiated by registering State
119 Effect of cancellation of registration
120 Challenge to imposition of fine
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Division 4—Miscellaneous
121 Operation of State laws
122 Saving
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Part 8—Miscellaneous
127 Matters of state
128 Claim of public interest immunity not precluded
129 Custodians to assist prisoners served with subpoenas
130 Jurisdiction not limited by locality
131 Constitution of courts
132 Regulations etc.
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
