Justices Act 1886

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.