Commonwealth Numbered Regulations

1980 No. 87 FEDERAL COURT RULES (AMENDMENTS) - REG 6

6. The following rule is inserted in Order 49 of the Federal Court Rules after
rule 4: Affidavits as to fine or penalty

"5. (1) Unless the Court otherwise directs, where the Court is empowered to
impose a fine or penalty under any Act, the applicant or informant as the case
may be shall, and the respondent or defendant may, file such affidavit
evidence as each considers necessary having regard to the terms of the
relevant Act to assist the Court to determine the appropriate fine or penalty.



"(2) The provisions of Order 14 relating to affidavits including requirement
for cross-examination apply in relation to affidavits filed in accordance with
sub-rule (1).



"(3) This rule applies in a case where there has been a plea of guilty or
where after a finding of guilty the matter has been adjourned to enable
evidence as to the appropriate fine or penalty or where the respondent or
defendant proposes to plead guilty or not to deny the charge alleged in the
application and has so advised the applicant or informant at the directions
hearing or within the time then appointed.".