Western Australian Numbered Acts Western Australian Numbered Acts (1) On the application
of a party to a case, a prescribed court officer may —
(a)
issue one or both of the following to an individual (the
"witness") —
(i)
a witness summons that requires the witness to attend the
court to give oral evidence in the case;
(ii)
a witness summons that requires the witness to attend the
court and produce to the court a record or thing that is relevant to the case;
(b)
issue to a corporation (the "witness") a witness summons that requires the
witness to produce to the court a record or thing that is relevant to the
case.
(2) On the application
of a party to a case in a court of summary jurisdiction, a magistrate of the
court may issue an arrest warrant for an
individual (the "witness") who may be able to give oral evidence, or to
produce a record or thing, that is relevant to the case.
(3) On the application
of a party to a case in a superior court, a judge of the court may issue an
arrest warrant for an individual (the
"witness") who may be able to give oral evidence, or to produce a record or
thing, that is relevant to the case.
(4) On an application
made under subsection (2) or (3) for an arrest warrant the magistrate or
judge must refuse to issue the warrant unless satisfied by evidence on oath or
affirmation that —
(a) the
witness is likely to be able to give oral evidence, or to produce a record or
thing, that is relevant to the case; and
(b)
there are reasonable grounds to suspect that the witness would not obey a
witness summons if served with it.
(5) A witness summons
issued under subsection (1)(a)(ii) or (b) may require the witness to
produce the record or thing concerned to the court on a date before the date
of the trial of the case so that the applicant may inspect it before the
trial.
(6) Section 184
applies to and in relation to a prescribed court officer’s decision made
under subsection (1) to refuse to issue a witness summons.
(7) If under
section 184 the court sets aside the officer’s decision, it may
issue a witness summons to the witness concerned.