Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts9. Sections 61, 62 and 63 of the Principal Act are repealed and the following sections substituted:
“60A. (1) The informant may, by letter sent by a form of post that requires a signature on receipt, request a person to appear as a witness at the hearing of an information.
“(2) The letter shall—
(a) set out the time and place for the hearing;
(b) be accompanied by an undertaking to appear for the signature of the person and return to the informant by the date specified in the undertaking; and
(c) be accompanied by a form to be completed by the person to claim his or her reasonable costs and expenses of attendance at the hearing.
“61. (1) If it appears to a Magistrate that a person who is likely to give material evidence at the hearing of an information will not voluntarily appear at the hearing, the Magistrate shall issue a summons requiring the person to appear before the Court at the time and place specified in the summons to give that evidence.
“(2) In considering whether a person will voluntarily appear at a hearing or not, a Magistrate may take into account any response by the person to any request made of the person to appear.
“62. (1) A summons may be served on a witness—
(a) personally;
(b) by sending it to the witness's last known place of residence or employment by a form of post that requires a signature on receipt; or
(c) by leaving it with a responsible adult at the witness's last known place of residence or employment.
“(2) The summons shall be accompanied by—
(a) an undertaking to appear for the signature of the person and return to the Court by the date specified in the undertaking; and
(b) a form to be completed by the person to claim his or her reasonable costs and expenses of attendance at the hearing.
“(3) Service of a summons on a witness may be proved by the oath of the person who served it or by affidavit.
“62A. (1) Any notice (however described and whether written or oral) requiring a person to appear as a witness at a hearing shall be accompanied by a form to be completed by the person to claim his or her reasonable costs and expenses of attendance at the hearing.
“(2) A person is not entilted to refuse to comply with such a notice because it was not accompanied by that form.
“63. Where a witness—
(a) has been informed of the time and place for the hearing;
(b) has been requested, has given an undertaking, or has been served with a summons, to appear at the hearing to give evidence; and
(c) the witness does not appear in accordance with that request, undertaking or summons and does not provide to the Court a reasonable explanation for his or her non-appearance;
the Court may issue a warrant requiring the witness to be brought before the Court at the time and place specified in the warrant to give evidence.”.