Industrial Magistrates Courts (General Jurisdiction) Regulations 2005
Part 6-Trial
Division 2-Witnesses

    38. Witness summons may be set aside

    (1) A person summoned to give evidence or to produce evidentiary material at a trial may make an application to set aside the summons, and in that case Part 10 applies as if the person were a party to the case in question.

    (2) The Court may set aside the witness summons if it is satisfied that

    (a) the person does not have either evidence to give or evidentiary material to produce that is relevant to the case;

    (b) the person cannot be lawfully compelled to give any evidence or produce any evidentiary material to the Court; or

    (c) there are other good reasons for doing so.

Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.