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Clause 139

lists the types of non-oral evidentiary material which, on proof of service on the accused in accordance with Part 4.4, are admissible as if their contents were a record of oral evidence. The clause provides a discretion to the court to rule that a statement, any exhibit or document referred to in a statement or the contents of a recording is inadmissible in whole or in part. The clause provides that a recording, a transcript of which has been served in the hand-up brief, is admissible if it is proved that the accused and their legal practitioner were provided with a reasonable opportunity to listen to or view (as applicable) the recording. The majority of committal proceedings are determined at a committal mention based on the evidence contained in the hand- up brief. This clause deals with the evidentiary status of the materials contained in that brief.