Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23CF

  (1)   The notice of the accused's response to the notice of the prosecution's case must include the following:

  (a)   a statement setting out, for each fact set out in the notice of the prosecution's case:

  (i)   that the accused agrees that the fact is to be an agreed fact for the purposes of section   191 of the Evidence Act 1995 at the trial; or

  (ii)   that the accused takes issue with the fact;

    and, if the accused takes issue with the fact, the general basis for taking issue;

  (b)   a statement setting out, for each matter and circumstance set out in the notice of the prosecution's case:

  (i)   whether the accused takes issue with the matter or circumstance; and

  (ii)   if the accused does take issue--the general basis for taking issue;

  (c)   notice as to whether any statement by a person given under subparagraph   23CE(b)(i) can be tendered at the trial without the person being called as a witness at the trial;

  (d)   notice as to whether the accused requires the prosecutor to call witnesses to corroborate any specified surveillance evidence that was notified to the accused by the prosecutor under section   23CE;

  (e)   notice as to whether the accused requires the prosecutor 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 accused by the prosecutor under section   23CE;

  (f)   in relation to each report given under paragraph   23CE(f), notice as to:

  (i)   whether the accused 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;

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

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

  (ii)   any other evidence relating to the trial;

  (h)   any consent that the accused gives under section   184 of the Evidence Act 1995 in relation to the trial;

  (k)   a copy of any report, relevant to the trial, that has been prepared by an expert witness whom the accused proposes to call at the trial;

and may include other matters.

  (2)   Paragraph   (1)(a) and subparagraph   (1)(b)(ii) do not require the accused to disclose details of the accused's proposed defence.