Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23CG

    The notice of the prosecution's response to matters contained in the accused's response must include the following:

  (a)   notice as to whether the prosecutor requires the accused to prove:

  (i)   the continuity of handling of any specified exhibits; or

  (ii)   the accuracy of any specified exhibits that are transcripts, summaries or charts;

    that were notified to the prosecutor by the accused under section   23CF;

  (b)   in relation to each report given under paragraph   23CF(1)(k), notice as to:

  (i)   whether the prosecutor accepts or contests the opinions expressed in the report; and

  (ii)   whether the report can be tendered at trial without the expert being called as a witness at the trial;

  (c)   any consent that the prosecutor gives under section   190 of the Evidence Act 1995 in relation to:

  (i)   any evidence notified under section   23CF as evidence proposed to be adduced by the accused; or

  (ii)   any other evidence relating to the trial;

  (d)   notice of any fact that the prosecutor agrees to as an agreed fact for the purposes of section   191 of the Evidence Act 1995 at the trial;

  (e)   a copy or details of any additional information, document or other thing in the prosecutor's possession that the prosecutor reasonably believes contains evidence that may be relevant to the accused's case;

  (f)   if the prosecutor reasonably believes additional information in the prosecutor's possession suggests the existence of evidence that may be relevant to the accused's case--a copy or details of so much of that information as is necessary to suggest that existence;

  (g)   a list identifying:

  (i)   any additional information, document or other thing not in the prosecutor's possession that the prosecutor reasonably believes contains evidence that may be relevant to the accused's case; and

  (ii)   for each item of information, and each document or other thing, a place where the prosecutor reasonably believes the item, document or thing to be;

and may include other matters.

Note:   Information and things do not need to be disclosed more than once (see section   23CK).