Victorian Numbered Acts

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OPEN COURTS ACT 2013 (NO. 58 OF 2013) - SECT 10

Notice of applications for suppression orders

    (1)     Subject to subsection (3), an applicant for a suppression order must give 3 business days' notice of the making of the application to—

        (a)     the court or tribunal in which the application is to be made; and

        (b)     the parties to the proceeding to which the application relates.

    (2)     Notice under subsection (1) must be in accordance with rules of court (if any) applying in the court or tribunal in which the application is made.

    (3)     The court or tribunal may hear an application for a suppression order despite the failure of the applicant to give notice in accordance with subsection (1) if the court or tribunal is satisfied that—

        (a)     there was a good reason for the notice not being given or not being given within the required time period; or

        (b)     it is in the interests of justice that the court or tribunal hear the application without notice being given.

    (4)     This section does not apply to the making of a proceeding suppression order by a court or tribunal on its own motion.



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