sec.5Order made for purposes of proceeding or investigation

sec.5 Order made for purposes of proceeding or investigation

For the purposes of— an examination of witnesses in relation to an indictable offence being conducted by a justice with a view to the committal of any person for trial or sentence; or an investigation concerning the commission of an indictable offence being conducted by a police officer; a Magistrates Court constituted under the Justices Act 1886 by a stipendiary magistrate may, in its discretion and if it appears in the interests of justice to do so, make, in relation to a person outside Australia, an order of a kind referred to in section 4 (1) (c) . Such order may be made upon the application of the complainant or defendant in the case of a proceeding referred to in subsection (1) (a) or a police officer authorised in that behalf by the Director of Public Prosecutions in the case of an investigation referred to in subsection (1) (b) . The provisions of section 4 (2) and (4) apply in relation to an application for an order under subsection (1) . A court shall not make an order under subsection (1) for the purposes of an investigation referred to in subsection (1) (b) unless it appears likely that a charge of an indictable offence will be laid if the order is made and will not be laid if the order is not made. (sec.5-ssec.1) For the purposes of— an examination of witnesses in relation to an indictable offence being conducted by a justice with a view to the committal of any person for trial or sentence; or an investigation concerning the commission of an indictable offence being conducted by a police officer; a Magistrates Court constituted under the Justices Act 1886 by a stipendiary magistrate may, in its discretion and if it appears in the interests of justice to do so, make, in relation to a person outside Australia, an order of a kind referred to in section 4 (1) (c) . (sec.5-ssec.1A) Such order may be made upon the application of the complainant or defendant in the case of a proceeding referred to in subsection (1) (a) or a police officer authorised in that behalf by the Director of Public Prosecutions in the case of an investigation referred to in subsection (1) (b) . (sec.5-ssec.2) The provisions of section 4 (2) and (4) apply in relation to an application for an order under subsection (1) . (sec.5-ssec.3) A court shall not make an order under subsection (1) for the purposes of an investigation referred to in subsection (1) (b) unless it appears likely that a charge of an indictable offence will be laid if the order is made and will not be laid if the order is not made.

• (a) an examination of witnesses in relation to an indictable offence being conducted by a justice with a view to the committal of any person for trial or sentence; or
• (b) an investigation concerning the commission of an indictable offence being conducted by a police officer;