Commonwealth Numbered Regulations

1994 No. 110 INDUSTRIAL RELATIONS COURT RULES - ORDER 49 RULE 5

5. (1) Unless the Court otherwise directs, where the Court is empowered to
impose a fine or penalty under any Act, the prosecutor must, and the 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
subrule (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 defendant proposes to plead
guilty or not to deny the charge alleged in the summons and has so advised the
prosecutor at the directions hearing or within the time then appointed.