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Clause 122

provides that while the informant is required to comply with a reasonable request (referred to in clause 119(e)(i) or (ii)) for a copy of an item, if the informant considers that it is not reasonable to copy the item due to its size or nature, the informant must allow the accused to inspect it on or before the committal mention hearing. The clause provides that the informant may object to producing an item requested under clause 119(e)(i) or (ii) on any ground referred to in clauses 45 (Grounds on which informant may refuse disclosure) or 114 (Disclosure of address or telephone number of witness). Subclause (4) sets out that it does not prevent the accused from applying for a witness summons to be issued in respect of an item listed in the hand-up brief. Subclause (4) also provides that the informant is not required to produce an item listed in the hand-up brief if it is not requested under clause 119(e)(i) or a witness summons is not issued in respect of it, unless the court requires it to be produced. Further, subclause (4) does not prevent the court or the informant proceeding, or proceeding further, with the committal hearing, irrespective of any statement included by the accused in the notice in clause 119(f) (that the accused is, or is not, prepared to proceed, or proceed further, with the committal hearing while a forensic procedure remains uncompleted). As the note to this clause indicates, if the informant objects to the disclosure of material, the Court may deal with that objection at a committal mention hearing.