Subpoena principles (including the 'on the cards' / 'reasonable possibility' test for legitimate forensic purpose) apply to applications for production under s 317 of the Criminal Procedure Act 2009. Where inspection of documents reveals none fall within the scope of a category with legitimate forensic purpose, the court will decline to order production on the basis of futility. The Chief Commissioner retains an ongoing disclosure obligation for material relevant to issues in the appeal.
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