CTHRepealedAct
Securities Industry Act 1980
27Determination of objection to admissibility of statement
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##### 27 Determination of objection to admissibility of statement
(1) A party to any criminal or civil proceedings may, not later than 14 days before the commencement of the hearing of the proceedings, serve upon another party notice that the first‑mentioned party proposes to tender as evidence in the proceedings the written record of an examination under this Division or a specified part of the written record of such an examination.
(2) Where a notice is served under subsection (1), the other party may, within 14 days after service of the notice or within such longer period as is agreed by the parties or allowed by the court or tribunal in which the proceedings are brought, give notice to the tendering party stating that he objects to the admission in evidence of all or any of the statements contained in the written record or the part of the written record proposed to be tendered and, if he objects to the admission of some only of the statements, specifying the statements concerned.
(3) A notice under subsection (2) shall, in relation to each statement objected to, specify the grounds upon which the objection is taken.
(4) Upon receipt of a notice under subsection (2), the tendering party shall send a copy of the notice to the court or tribunal in which the proceedings are brought.
(5) Upon receipt of the copy of a notice, the court or tribunal in which the proceedings are brought may, in its discretion, either determine the objections specified in the notice as a preliminary point of law before the commencement of the hearing of the proceedings or defer the determination of the objections until the hearing of the proceedings.
(6) At the hearing of the proceedings, a party is not entitled, without the leave of the court or tribunal hearing the proceedings, to take any objection to the admission in evidence of the written record, or a part of the written record, of an examination under this Division in respect of which a notice was given to him under subsection (1) if he could have objected to the tender of the written record or of that part of the written record by a notice under subsection (2) but did not so object.
(7) Nothing in this section renders inadmissible in any criminal or civil proceedings any evidence that would have been admissible if this section had not been enacted.