Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23CM

Orders to ensure non - compliance does not unfairly affect the other party

  (1)   The Court may make such orders as it thinks appropriate to ensure that:

  (a)   any failure by the prosecutor to comply with an order under subsection   23CD(1) does not cause unfairness to the accused; and

  (b)   any failure by the accused to comply with an order under subsection   23CD(1) does not prejudice the prosecutor's ability to efficiently conduct the prosecution.

  (2)   However, the Court must not make an order under subsection   (1) if it would result in an unfair trial.

Certain evidence cannot be adduced at trial unless there is earlier disclosure

  (3)   If the accused fails to comply with subsection   23CD(2) in relation to an alibi, the accused may only adduce evidence of the alibi with the leave of the Court.

  (4)   If the accused fails to comply with subsection   23CD(2) in relation to a mental impairment (within the meaning of section   7.3 of the Criminal Code ), the accused may only adduce evidence that the accused was suffering from the impairment with the leave of the Court.