Banking Act 1959

Part VIII - Powers of APRA  

Division 3 - Evidentiary use of certain material  

SECTION 61P   Exceptions to admissibility of report  

(1)    
If a party to a proceeding tenders a copy of a report as evidence against another party, the copy is not admissible under section 61N 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.

(2)    
Before or after the copy tendered in evidence 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 investigator to have found to exist; or

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

(3)    
The court or tribunal must grant an application made under subsection (2) unless it considers that, in all the circumstances, it is not appropriate to do so.

(4)    
The court or tribunal must refuse to admit the copy, or must treat the copy as not having been admitted, if:

(a) the court or tribunal grants the application or applications made under subsection (2); and

(b) one or more persons to whom the application or any of the applications relates:

(i) are unavailable; or

(ii) 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 61N in the proceeding as evidence against the other party without the other party having the opportunity to cross-examine the other person or persons would unfairly prejudice the other party.