sec.6Procedure upon application for orders

sec.6 Procedure upon application for orders

An application for an order under section 4 or for an order under section 5 for the purposes of a proceeding being an examination of witnesses in relation to an indictable offence— need not be served on any person unless the court to which it is made otherwise orders; and may be heard and dealt with ex parte. An application for an order under section 5 for the purposes of an investigation concerning the commission of an indictable offence— shall not be served on any person; and shall be heard and determined ex parte; and all persons, other than the applicant, the applicant’s legal or other representative, witnesses (if any) called for the applicant and persons acting in aid of the court, shall be excluded from the court. Upon an application for an order under section 4 or 5 the court— may receive evidence by way of affidavit; and may admit and have regard to evidence that it considers to be relevant, credible and trustworthy, which would not ordinarily be admissible in proceedings before the court. The power vested in a court by section 4 or 5 may be exercised in chambers. (sec.6-ssec.1) An application for an order under section 4 or for an order under section 5 for the purposes of a proceeding being an examination of witnesses in relation to an indictable offence— need not be served on any person unless the court to which it is made otherwise orders; and may be heard and dealt with ex parte. (sec.6-ssec.2) An application for an order under section 5 for the purposes of an investigation concerning the commission of an indictable offence— shall not be served on any person; and shall be heard and determined ex parte; and all persons, other than the applicant, the applicant’s legal or other representative, witnesses (if any) called for the applicant and persons acting in aid of the court, shall be excluded from the court. (sec.6-ssec.3) Upon an application for an order under section 4 or 5 the court— may receive evidence by way of affidavit; and may admit and have regard to evidence that it considers to be relevant, credible and trustworthy, which would not ordinarily be admissible in proceedings before the court. (sec.6-ssec.4) The power vested in a court by section 4 or 5 may be exercised in chambers.

• (a) need not be served on any person unless the court to which it is made otherwise orders; and
• (b) may be heard and dealt with ex parte.
• (a) shall not be served on any person; and
• (b) shall be heard and determined ex parte;
• (a) may receive evidence by way of affidavit; and
• (b) may admit and have regard to evidence that it considers to be relevant, credible and trustworthy, which would not ordinarily be admissible in proceedings before the court.