Commonwealth Numbered Acts

RETIREMENT SAVINGS ACCOUNTS ACT 1997 No. 61, 1997 - SECT 123

Notice of intention to apply to admit evidence and statements

(1) A party (the adducing party) to a proceeding 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; and

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

Notice to set out etc. statements

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

Notice of objection

(3) 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)  specifying, in relation to each of those statements, the grounds of
        objection.

Extension of objection period

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

Notice etc. to be given to court or tribunal

(5) 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)
        requires to accompany that notice; and

   (b)  the notice under subsection (3).

Action by court or tribunal

(6) 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 proceeding begins; or

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

Right to object to admission of statement

(7) 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 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 (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.