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sets out the grounds on which the informant may refuse to disclose material and clauses 43, 44 and 46 set out a process for resolving disputes about disclosure. Clause 42 confirms that the informant has a continuing obligation of disclosure. This applies to any information, document or thing that comes to the informant's notice or into the possession of the informant after service of the preliminary brief or full brief. The informant must serve on the accused a copy of the document or list as soon as practicable after it comes to their notice or into their possession. If the informant refuses to make such disclosure, he or she must serve on the accused, as soon as practicable, a written notice that the informant refuses disclosure under clause 45, identifying the ground for refusal. The ongoing disclosure obligation is consistent throughout the Bill and repeated in committal and trial proceedings (see clauses 111 and 185). Clause 43 allows the accused to give to the informant a written request for the following—
a copy of any statement or information given by a person, or thing listed in the full brief;
a copy of any information, document or thing that is required to be disclosed in a preliminary brief or full brief;
particulars of the previous convictions of any witness who the prosecution intends to call at the hearing; or
to inspect exhibits at a time and place agreed by the parties.
A request may be made at any time after service of the preliminary brief or full brief (whichever occurs first). However, the request must be made at least 7 days before a contest mention hearing or, if a content mention hearing is not held, the summary hearing, unless the Magistrates' Court otherwise orders. Clause 44 requires the informant to comply with a request under clause 43 within 7 days of receiving the request or as otherwise ordered by the Magistrates' Court. If the informant refuses to comply with the request, the informant must serve on the accused, within 7 days of receiving the request, a written notice of refusal, identifying the grounds for refusal as set out in clause 45.