Commonwealth Numbered Regulations

1995 No. 44 EVIDENCE REGULATIONS - REG 5

5. (1) This regulation is made for the purpose of section 67 of the Act.

(2) A notice of previous representation must state:

   (a)  subject to subregulation (6), the substance of evidence of a previous
        representation that the notifying party intends to adduce; and

   (b)  the substance of all other relevant representations made by the person
        who made that previous representation, so far as they are known to the
        notifying party; and

   (c)  particulars of:

        (i)    the date, time, place and circumstances at or in which each of
               the representations mentioned in paragraph (a) or (b) was made;
               and

        (ii)   the names and addresses of the persons by whom, and the persons
               to whom, each of those representations was made; so far as they
               are known to the notifying party.

(3) If a notifying party intends to rely on any of paragraphs 63 (2) (a) or
(b), 65 (2) (a), (b), (c) or (d), 65 (3) (a) or (b) or 65 (8) (a) or (b) of
the Act, the party's notice of previous representation must state particulars
of the facts on the basis of which it is alleged that the person who made a
representation referred to in the notice is not available to testify
concerning the fact to be proved by adducing evidence of that representation.

(4) If a notifying party intends to rely on paragraph 64 (2) (a) or (b) of the
Act, the party's notice of previous representation must state particulars of
the facts that the party will rely on to establish the grounds specified in
subsection 64 (2) of the Act.

(5) If a notice of previous representation refers to a previous representation
that is in writing:

   (a)  a copy of the document, or of the relevant portion of the document,
        containing the representation must be attached to the notice; and

   (b)  the notice must identify the document unless:

        (i)    a copy of the document is attached to the notice; and

        (ii)   the identity of the document is apparent on the face of the
               copy.

(6) Where a copy of a document, or of a portion of a document, is attached to
a notice it is a sufficient compliance for the purposes of paragraph (2) (a)
to specify in the notice, or in the copy of a document or portion of a
document attached to the notice, the representation evidence of which the
notifying party intends to adduce.