Document ID: chunk:federal_register_of_legislation:C2017A00114:clause:11_3
Version: federal_register_of_legislation:C2017A00114
Segment Type: clause
Provision Reference: sch 11 cl 3
Character Range: 104481–105397

3  After subsection 155(5A)
Insert:
 (5B) Paragraph (5)(a) does not apply to the extent that:
 (a) the notice relates to producing documents; and
 (b) the person proves that, after a reasonable search, the person is not aware of the documents; and
 (c) the person provides a written response to the notice, including a description of the scope and limitations of the search.
Note: A defendant bears a legal burden in relation to the matter in paragraph (5B)(b) (see section 13.4 of the Criminal Code).
 (6) For the purposes of (but without limiting) paragraph (5B)(b), a determination of whether a search is reasonable may take into account the following:
 (a) the nature and complexity of the matter to which the notice relates;
 (b) the number of documents involved;
 (c) the ease and cost of retrieving a document relative to the resources of the person who was given the notice;
 (d) any other relevant matter.