Document ID: chunk:federal_register_of_legislation:C2024A00110:clause:9_172p
Version: federal_register_of_legislation:C2024A00110
Segment Type: clause
Provision Reference: sch 9 cl 172P
Character Range: 186289–188910

172P  Objection to admission of statements made at examination
 (1) A party (the adducing party) to a proceeding referred to in subsection (2) may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:
 (a) will apply to have admitted in evidence in the proceeding specified statements made at an examination under this Division; and
 (b) for that purpose, will apply to have evidence of those statements admitted in the proceeding.
 (2) For the purposes of subsection (1), the proceedings are:
 (a) a proceeding in a court; or
 (b) a proceeding or hearing before, or an examination by or before, a tribunal in Australia or any other body, authority or person in Australia having power, by law or by consent of parties, to hear, receive or examine evidence;
whether the proceeding, hearing or examination is of a civil, administrative, criminal, disciplinary or other nature.
 (3) A notice under subsection (1) must set out, or be accompanied by writing that sets out, the specified statements.
 (4) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:
 (a) stating that the other party objects to specified statements being admitted in evidence in the proceeding; and
 (b) specifies, in relation to each of those statements, the grounds of objection.
 (5) The period prescribed by subsection (4) may be extended by the court or tribunal or by agreement between the parties concerned.
 (6) On receiving a notice given under subsection (4), the adducing party must give to the court or tribunal or other body referred to in paragraph (2)(b) (as the case requires) a copy of:
 (a) the notice under subsection (1) and any writing that subsection (3) required to accompany that notice; and
 (b) the notice under subsection (4).
 (7) If subsection (6) is complied with, the court or tribunal or other body may either:
 (a) determine the objections as a preliminary point before the hearing of the proceeding begins; or
 (b) defer determination of the objections until the hearing.
 (8) If a notice has been given in accordance with subsections (1) and (3), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:
 (a) the other party has, in accordance with subsection (4), objected to the statement being so admitted; or
 (b) the court or tribunal or other body gives the other party leave to object to the statement being so admitted.