Retirement Savings Accounts Act 1997

PART 10 - MONITORING AND INVESTIGATION  

Division 7 - Evidentiary use of certain material  

SECTION 126   EXCEPTIONS TO ADMISSIBILITY OF REPORT  

126(1)   [Application]  

This section applies if a party to a proceeding tenders a copy of a report as evidence against another party.

126(2)   [Requirements for admissibility]  

The copy is not admissible under section 125 in the proceeding as evidence against the other party unless the court or tribunal is satisfied that:

(a) a copy of the report has been given to the other party; and

(b) the other party, and the other party's lawyer, have had a reasonable opportunity to examine that copy and to take its contents into account in preparing the other party's case.

126(3)   [Application to cross-examine]  

Before or after the copy referred to in subsection (1) is admitted in evidence, the other party may apply to cross-examine, in relation to the report, a specified person who, or 2 or more specified persons each of whom:

(a) was concerned in preparing the report or making a finding about a fact or matter that the report states the inspector to have found to exist; or

(b) whether or not pursuant to a requirement made under this Part, gave information, or produced a book, on the basis of which, or on the basis of matters including which, such a finding was made.

126(4)   [Cross-examination to be allowed]  

The court or tribunal must grant an application made under subsection (3) unless it considers that, in all the circumstances, it is not appropriate to do so.

126(5)   [Inadmissibility of report]  

If:

(a) the court or tribunal grants an application or applications made under subsection (3); and

(b) a person to whom the application or any of the applications relate, or 2 or more such persons, is or are unavailable, or does not or do not attend, to be cross-examined in relation to the report; and

(c) the court or tribunal is of the opinion that to admit the copy under section 125 in the proceeding as evidence against the other party without the other party having the opportunity so to cross-examine the person or persons would unfairly prejudice the other party;

the court or tribunal must refuse so to admit the copy, or must treat the copy as not having been so admitted, as the case requires.