Australian Capital Territory Numbered Regulations

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DOMESTIC VIOLENCE AND PROTECTION ORDERS REGULATION 2009 (NO 10 OF 2009) - REG 40

Order for examination of witnesses

    (1)     This section applies if, on application, the Magistrates Court makes an order for the examination of a person in or outside the ACT before a magistrate or someone else appointed by the court (the examiner ) for a proceeding under the Act.

    (2)     The examiner must—

        (a)     give reasonable notice of the appointment to the party (the applicant ) to the proceeding on whose application the order was made; and

        (b)     unless the Magistrates Court otherwise orders, set a place and time for the examination that is as soon as practicable after the order appointing the examiner was made, having regard to the convenience of the person to be examined and any other relevant circumstance.

    (3)     The applicant must promptly—

        (a)     serve a copy of the order on each other party to the proceeding; and

        (b)     give the examiner a copy of any document in the proceeding that is necessary to inform the examiner of the questions to which the examination is to relate.

    (4)     If the documents filed in the proceeding are not sufficient to inform the examiner of the questions to which the examination is to relate, the Magistrates Court must, in the order or by a subsequent order, state the questions.



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