Australian Capital Territory Numbered Regulations

DOMESTIC VIOLENCE AND PROTECTION ORDERS REGULATION 2009 (NO 10 OF 2009) - REG 85

    (1)     This section applies if—

        (a)     it appears from an affidavit of discovery filed by a party to a proceeding that a document is in the party's possession; or

        (b)     an affidavit filed by a party to a proceeding mentions a document; or

        (c)     it appears to the Magistrates Court from the evidence, the nature or circumstances of the case or a document filed in the proceeding, that there are grounds for believing that a document relating to a matter in question in the proceeding is in a party's possession.

    (2)     The Magistrates Court may, subject to any question of privilege that may arise, order the party to—

        (a)     produce the document for inspection by another party at the time and place stated in the order; or

        (b)     file and serve on another party a copy of all or part of the document, with or without an affidavit verifying the copy made by a person who has examined the document and the copy.

    (3)     An affidavit made in accordance with an order under subsection (2) (b) must, unless the Magistrates Court otherwise orders, state whether there are in the document copied any erasures, interlineations or alterations and, if so, describe each erasure, interlineation and alteration.