Criminal Code Act 1983

(1) This section applies if a person (the accused) is to be tried in a court on indictment.

(2) If the accused intends to adduce any expert evidence during the trial, the accused must give written notice in accordance with this section to the court and prosecution:

(i) the name, address and qualifications of the witness who is to give the expert evidence; and

(b) must be accompanied by a copy of any existing document containing opinions or findings (or both) made by the witness that the accused intends to rely on as all or part of the expert evidence.

(4) If a document mentioned in subsection (3)(b) comes into existence after the notice was given but before the start of the trial, the accused must give a copy of it to the court and prosecution before the start of the trial.

(5) For subsections (2) and (4), the notice to the prosecution must be served on the Director of Public Prosecutions (the Director) by:

(a) giving it to the Director or someone authorised by the Director to receive the notice; or

(b) sending it by certified mail addressed to the Director at the address of the office of the Director.

(6) Subsections (2) to (5) have effect except as allowed by the court.

(i) if the jury has been empanelled – discharge the jury and adjourn the trial; or

(b) the court or prosecution may make comment to the jury in relation to the contravention (but must not suggest that, because of the contravention, the accused is guilty of the offence to which the trial relates).