12Limitation of use of certain documents as evidence

12 Limitation of use of certain documents as evidence

(1)  A plan, model, film, audio tape, disk, soundtrack or other device in which sounds, data or visual images are embodied is not receivable at a hearing of the Tribunal unless –

(a) the parties agree, without further proof, after having been given an opportunity to inspect it –

(i) before the hearing at a time fixed by the Tribunal; or

(ii) if no time is fixed by the Tribunal, within a reasonable period before the hearing begins; or

(b) the Tribunal, at or before the hearing, otherwise orders.

(2)  A party, without notice to any other party, may apply to the Tribunal for an order for evidence of a plan, model, film, audio tape, disk, soundtrack or other device referred to in subregulation (1) to be received at the hearing without prior disclosure to any other party.

(3)  An application under subregulation (2) is to be made before the hearing.

(4)  The Tribunal, after receiving an application under subregulation (2) , may –

(a) make the order; or

(b) refuse to make the order; or

(c) direct that the application be served on another party before making an order under paragraph (a) or (b) .