3HACriminal proceedings

#### 3HA Criminal proceedings 3HA Criminal proceedings (cf former Part 27, rule 1B) > > (1) If a person has been committed for trial or is to be dealt with before the Court, a proceeding between the prosecuting authority and the person is taken to be before the Court for the purposes of any application to the Court under section 6 or 20 of the [Evidence on Commission Act 1995](/view/html/inforce/current/act-1995-026) or under section 7 of the [Foreign Evidence Act 1994](http://www.legislation.gov.au/) of the Commonwealth. > > > (2) Any such application is to be made— > > > > > (a) in a proceeding which is before the Court under subrule (1)—by summons, or > > > > > (b) in proceedings which are specified in the Third Schedule to the Act—by motion in the proceedings as if the proceedings had been commenced by summons, or > > > > > (c) in proceedings in the Court in its summary jurisdiction—by motion in the proceedings. > > > (3) If a person has been committed for trial or to be dealt with before the District Court, a proceeding between the prosecuting authority and the person is taken to be before the District Court for the purposes of any application to the Court under section 9 or 23 of the [Evidence on Commission Act 1995](/view/html/inforce/current/act-1995-026) or under section 10 of the [Foreign Evidence Act 1994](http://www.legislation.gov.au/) of the Commonwealth.