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Act index » Chapter 3 - Summary procedure » Part 3.2 - Procedure before summary hearing » Division 2 - Pre-hearing disclosure of prosecution case
49 Informant may place material on database
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(a)the informant is a police officer or an officer of a prescribed agency; and
S. 49(1)(a) amended by No. 37/2014 s. 10(Sch. item 41.5).
(b)the accused's legal practitioner is authorised by the Secretary to the Department of Justice to access electronically the information, documents and things referred to in section 43; and
(c)it is practicable to transmit electronically the information, documents and things that are required to be disclosed.
(2)Subject to this Division, the informant must place on the prescribed database a copy of—
(a)the preliminary brief, if any; and
(b)the full brief; and
(c)all additional information, documents and things, if any, requested by the accused under section 43; and
(d)all additional information, documents and things required to be disclosed under section 42.
(3)Placement of copies of material on the prescribed database under subsection (2) is deemed to be service for the purposes of this Division.
Time limits provided in this Division for service of a preliminary brief, a full brief or particular information, documents or things still apply.
(4)A statement by the informant in a copy of a preliminary brief placed on the prescribed database need not be sworn, affirmed or attested as required by section 38 if—
S. 49(4) amended by No. 6/2018 s. 68(Sch. 2 item 38.2).
(a)the database technology does not permit placement of the copy in that form; and
(b)a physical copy of the preliminary brief complies with section 38.
(5)An informant who places an unsworn, unaffirmed or unattested preliminary brief on the prescribed database must retain the physical copy of the preliminary brief that is sworn, affirmed or attested for a period of 12 months after the determination of the charge.
S. 49(5) amended by No. 6/2018 s. 68(Sch. 2 item 38.3).
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Section 414 provides for acknowledgment of false statements.