(1)  On a trial on indictment the defendant shall not without the leave of the court adduce evidence in support of an alibi unless, before the end of the prescribed period, he gives notice of particulars of the alibi.

(2)  Without prejudice to subsection (1) on a trial on indictment the defendant shall not without the leave of the court call any other person to give any such evidence as is referred to therein unless –

(a) the notice under that subsection includes the name and address of the witness or, if the name or address is not known to the defendant at the time he gives the notice, any information in his possession which might be of material assistance in finding the witness;

(b) if the name or the address is not included in that notice, the court is satisfied that the defendant, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained;

(c) if the name or the address is not included in that notice, but the defendant subsequently discovers the name or address or receives other information which might be of material assistance in finding the witness, he forthwith gives notice of the name, address or other information, as the case may be; and

(d) if the defendant is notified by or on behalf of the Director of Public Prosecutions that the witness has not been traced by the name or at the address given, he forthwith gives notice of any such information which is then in his possession or, on subsequently receiving any such information, forthwith gives notice of it.

(3)  The court shall not refuse leave under this section if it appears to the court that the defendant was not informed, either in accordance with section 331B , or in writing by the Director of Public Prosecutions, of the requirements of this section.

(4)  Any evidence tendered to disprove an alibi may, subject to any directions by the court as to the time it is to be given, be given before or after evidence is given in support of the alibi.

(5)  Any notice purporting to be given under this section on behalf of the defendant by his Australian legal practitioner shall, unless the contrary is proved, be deemed to be given with the authority of the defendant.

(6)  All notices under this section shall be given in writing to the Director of Public Prosecutions.

(7)  A notice required by this section to be given to the Director of Public Prosecutions may be given by delivering it to him, or by leaving it at his office, or by sending it in a registered letter or by certified mail addressed to him at his office.

(8)  In this section –

evidence in support of an alibi means evidence tending to show that by reason of the presence of the defendant at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission;

the prescribed period means –

(a) in a case where the defendant has been informed in accordance with section 331B of the requirements of this section– the period of 7 days from the day on which the defendant was so informed of those requirements; or

(b) in a case where the defendant is being tried for an offence under section 125A (2) – the period commencing on the day on which the defendant was committed for trial and ending at the close of evidence for the prosecution; or

(c) in any other case – the period of 7 days from the day on which the defendant received notice in writing from the Director of Public Prosecutions of the requirements of this section.

(9)  In computing a prescribed period for the purposes of this section any day that is an excluded day for the purposes of section 29 of the Acts Interpretation Act 1931 shall be disregarded.