35BApplicant to notify accused

35B Applicant to notify accused S. 35B(1) amended by No. 68/2009 s. 97(Sch. item 23.32). (1) The applicant must give written notice of the application under section 35A to the accused. S. 35B(2) amended by No. 68/2009 s. 97(Sch. item 23.32). (2) The court hearing the application under section 35A may waive the requirement to give notice if the accused is present before the court. S. 35B(3) amended by No. 68/2009 s. 97(Sch. item 23.32). (3) The accused is entitled to appear and to give evidence at the hearing of the application under section 35A but the absence of the accused does not prevent the court from making a declaration. S. 35C inserted by No. 63/2003 s. 13, amended by No. 87/2004 s. 22(1)(j).