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Contents (1970 - 01)
Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 18 November 2017 at 04:36)
Part 75 Division 1 Rule 3HA
3HA   Criminal proceedings
(cf former Part 27, rule 1B)
(1)  If a person has been committed for trial or is to be dealt with before the Court, a proceeding between the prosecuting authority and the person is taken to be before the Court for the purposes of any application to the Court under section 6 or 20 of the Evidence on Commission Act 1995 or under section 7 of the Foreign Evidence Act 1994 of the Commonwealth.
(2)  Any such application is to be made:
(a)  in a proceeding which is before the Court under subrule (1)—by summons, or
(b)  in proceedings which are specified in the Third Schedule to the Act—by motion in the proceedings as if the proceedings had been commenced by summons, or
(c)  in proceedings in the Court in its summary jurisdiction—by motion in the proceedings.
(3)  If a person has been committed for trial or to be dealt with before the District Court, a proceeding between the prosecuting authority and the person is taken to be before the District Court for the purposes of any application to the Court under section 9 or 23 of the Evidence on Commission Act 1995 or under section 10 of the Foreign Evidence Act 1994 of the Commonwealth.