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CRIMINAL PROCEDURE ACT 1986 - SECT 149
Requirements as to notices
149 Requirements as to notices
(1) A notice under this Division is to be in writing.
(2) Any notice
purporting to be given under this Division on behalf of the accused person by
his or her Australian legal practitioner is, unless the contrary is proved,
taken to have been given with the authority of the accused person.
(3) A
notice under this Division that is required to be given to a prosecutor may be
given to the prosecutor in the following manner, or as otherwise directed by
the court-- (a) by delivering it to the prosecutor,
(b) by leaving it at the
office of the prosecutor,
(c) by sending it by post or facsimile to the
prosecutor at the office of the prosecutor,
(d) by sending it by electronic
mail to the prosecutor, but only if the prosecutor has agreed to notice being
given in that manner.
(4) A notice under this Division that is required to be
given to an accused person may be given to the accused person in the following
manner, or as otherwise directed by the court-- (a) by delivering it to the
accused person,
(b) by leaving it at the office of the Australian legal
practitioner representing the accused person,
(c) by sending it by post or
facsimile to the Australian legal practitioner representing the accused person
at the office of the Australian legal practitioner,
(d) by sending it by
electronic mail to the Australian legal practitioner, but only if the
Australian legal practitioner has agreed to notice being given in that manner.
(5) A party required to give a notice under this Division must file a copy of
the notice with the court in accordance with a timetable determined by the
court.
(6) The court may vary the timetable if the court considers it would
be in the interests of the administration of justice to do so.
(7) In this
section--
"notice" includes an amended notice.
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