SERVICE AND EXECUTION OF PROCESS.

No. 14 of 1928.

An Act to amend the Service and Execution of Process Act 1901–1924.

[Assented to 22nd June, 1928.]

BE it enacted by the King’s Most Excellent Majesty, the Senate; and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.)  This Act may be cited as the Service and Execution of Process Act 1928.

(2.)    The Service and Execution of Process Act 1901–1924 is, in this Act, referred to as the Principal Act.

(3.)    The Principal Act, as amended by this Act, may be cited as the Service and Execution of Process Act 1901–1928.

Orders for the production of prisoners.

2.  After section sixteen of the Principal Act the following section is inserted:—

“16a.—(1.)  Where it appears to any Court of Record of a State or part of the Commonwealth or to any Judge thereof that the attendance before the Court of a person who is undergoing sentence in any State or part of the Commonwealth is necessary for the purpose of obtaining evidence in any proceeding before the Court, the Court or Judge may issue an order directed to the Superintendent or other officer in charge of the gaol or place where the person is undergoing sentence requiring him to produce the person at the time and place specified in the order.

“(2.)    Any order made under this section may be served upon the Superintendent or officer to whom it is directed in whatever State or part of the Commonwealth he may be and he shall thereupon produce, in such custody as he thinks fit, the person referred to in the order at the time and place specified therein.

“(3.)    The Court before which any person is produced in accordance with an order issued under this section may make such order as to the costs of compliance with the order as to the Court seems just.

“(4.)    Where a person who is undergoing sentence in any State or part of the Commonwealth is, in pursuance of an order made under this section, produced in another State or part of the Commonwealth, he shall, while in that other State or part of the Commonwealth, in compliance with the order, be deemed to be undergoing his sentence, and the officer in whose custody he is shall have the same powers, in relation to the detention and disposition of that person, as the Superintendent or officer to whom the order was directed has in the State or part of the Commonwealth in which sentence was imposed upon that person.”.

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