sec.83ESubject matter for disclosure obligation direction

### sec.83E Subject matter for disclosure obligation direction A disclosure obligation direction may provide for any of the following— whether the prosecution has a disclosure obligation in relation to a defendant; requiring that a particular thing must be disclosed; allowing the court to inspect a particular thing to decide whether the court should further direct that the prosecution has a disclosure obligation in relation to the thing; allowing the court to examine the arresting officer to decide whether the prosecution has a disclosure obligation in relation to a particular thing; requiring that the arresting officer file an affidavit to allow the court to decide whether the prosecution has a disclosure obligation in relation to a particular thing; allowing the defendant or a lawyer acting for the defendant to cross-examine the arresting officer on an affidavit mentioned in paragraph (e) to allow the court to decide whether the prosecution has a disclosure obligation in relation to a particular thing; how a disclosure obligation is to be complied with in a particular case; setting a timetable for compliance with a disclosure obligation. Subsection (1) does not limit section 83A (5) (aa) . The court may make a disclosure obligation direction on the conditions, whether about the circumstances of disclosure or otherwise, it considers appropriate. Any examination or cross-examination allowed for in a disclosure obligation direction— must be conducted before the date set for the commencement of the hearing of evidence in the proceeding; and can not affect any restrictions applying under part 5 , division 5 on the calling and cross-examination of witnesses at a committal proceeding. If a person is examined by the court as provided for in subsection (1) (d) , required to file an affidavit as provided for in subsection (1) (e) or cross-examined as provided for in subsection (1) (f) , the person is not excused from failing to answer a question or file an affidavit on the ground that the answer or affidavit might tend to incriminate the person because the person would be required to admit to a failure to comply with a disclosure obligation. However, the answer or affidavit is not admissible against the person in a criminal proceeding, other than a perjury proceeding in relation to the answer or affidavit. In this section— perjury proceeding , in relation to an answer or affidavit, means a proceeding in which the falsity or misleading nature of the answer or affidavit is relevant. s 83E ins 2010 No. 26 s 79 (sec.83E-ssec.1) A disclosure obligation direction may provide for any of the following— whether the prosecution has a disclosure obligation in relation to a defendant; requiring that a particular thing must be disclosed; allowing the court to inspect a particular thing to decide whether the court should further direct that the prosecution has a disclosure obligation in relation to the thing; allowing the court to examine the arresting officer to decide whether the prosecution has a disclosure obligation in relation to a particular thing; requiring that the arresting officer file an affidavit to allow the court to decide whether the prosecution has a disclosure obligation in relation to a particular thing; allowing the defendant or a lawyer acting for the defendant to cross-examine the arresting officer on an affidavit mentioned in paragraph (e) to allow the court to decide whether the prosecution has a disclosure obligation in relation to a particular thing; how a disclosure obligation is to be complied with in a particular case; setting a timetable for compliance with a disclosure obligation. (sec.83E-ssec.2) Subsection (1) does not limit section 83A (5) (aa) . (sec.83E-ssec.3) The court may make a disclosure obligation direction on the conditions, whether about the circumstances of disclosure or otherwise, it considers appropriate. (sec.83E-ssec.4) Any examination or cross-examination allowed for in a disclosure obligation direction— must be conducted before the date set for the commencement of the hearing of evidence in the proceeding; and can not affect any restrictions applying under part 5 , division 5 on the calling and cross-examination of witnesses at a committal proceeding. (sec.83E-ssec.5) If a person is examined by the court as provided for in subsection (1) (d) , required to file an affidavit as provided for in subsection (1) (e) or cross-examined as provided for in subsection (1) (f) , the person is not excused from failing to answer a question or file an affidavit on the ground that the answer or affidavit might tend to incriminate the person because the person would be required to admit to a failure to comply with a disclosure obligation. (sec.83E-ssec.6) However, the answer or affidavit is not admissible against the person in a criminal proceeding, other than a perjury proceeding in relation to the answer or affidavit. (sec.83E-ssec.7) In this section— perjury proceeding , in relation to an answer or affidavit, means a proceeding in which the falsity or misleading nature of the answer or affidavit is relevant. - (a) whether the prosecution has a disclosure obligation in relation to a defendant; - (b) requiring that a particular thing must be disclosed; - (c) allowing the court to inspect a particular thing to decide whether the court should further direct that the prosecution has a disclosure obligation in relation to the thing; - (d) allowing the court to examine the arresting officer to decide whether the prosecution has a disclosure obligation in relation to a particular thing; - (e) requiring that the arresting officer file an affidavit to allow the court to decide whether the prosecution has a disclosure obligation in relation to a particular thing; - (f) allowing the defendant or a lawyer acting for the defendant to cross-examine the arresting officer on an affidavit mentioned in paragraph (e) to allow the court to decide whether the prosecution has a disclosure obligation in relation to a particular thing; - (g) how a disclosure obligation is to be complied with in a particular case; - (h) setting a timetable for compliance with a disclosure obligation. - (a) must be conducted before the date set for the commencement of the hearing of evidence in the proceeding; and - (b) can not affect any restrictions applying under part 5 , division 5 on the calling and cross-examination of witnesses at a committal proceeding.