National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-8 - EVIDENTIARY USE OF CERTAIN MATERIAL  

Division 2 - Evidentiary use of certain material  

SECTION 306   OBJECTION TO ADMISSION OF STATEMENTS MADE AT EXAMINATION  

306(1)   [ Written notice]  

A party (the adducing party ) to proceedings may, not less than 14 days before the first day of the hearing of the proceedings, give to another party to the proceedings written notice that the adducing party:

(a) will apply to have admitted in evidence in the proceedings specified statements made at an examination; and

(b) for that purpose, will apply to have evidence of those statements admitted in the proceedings.

306(2)   [ Content of notice in subsection (1)]  

A notice under subsection (1) must set out, or be accompanied by writing that sets out, the specified statements.

306(3)   [ Receiving party to give notice]  

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 proceedings; and

(b) specifies, in relation to each of those statements, the grounds of objection.

306(4)   [ Extension of time]  

The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.

306(5)   [ Copy to be given to court or tribunal]  

On receiving a notice given under subsection (3), the adducing party must give to the court or tribunal a copy of:

(a) the notice under subsection (1) and any writing that subsection (2) required to accompany that notice; and

(b) the notice under subsection (3).

306(6)   [ Court powers following compliance with subsection (5)]  

If subsection (5) is complied with, the court or tribunal may either:

(a) determine the objections as a preliminary point before the hearing of the proceedings begins; or

(b) defer determination of the objections until the hearing.

306(7)   [ Conditions to making objections during proceedings]  

If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceedings to a statement specified in the notice being admitted in evidence in the proceedings, unless:

(a) the other party has, in accordance with subsection (3), objected to the statement being so admitted; or

(b) the court or tribunal gives the other party leave to object to the statement being so admitted.