Western Australian Current Acts Western Australian Current Acts (1) In this section,
unless the contrary intention appears —
disclosure requirement means a requirement under
section 35, 42, 61, 62, 95 or 96 to disclose material, other than a
requirement under section 62(4)(a) or 96(3)(a).
(2) The powers in this
section may be exercised by a court on its own initiative or on an application
by a party to a case.
(3) A court may, in
respect of a disclosure requirement, make an order —
(a) that
dispenses with all or part of the requirement, if it is satisfied —
(i)
there is a good reason to do so; and
(ii)
no miscarriage of justice will result;
or
(b) that
shortens or extends the time for obeying the requirement; or
(c) that
amends or cancels an order made previously under this section, whether by the
court or some other court; or
(d) as
to any other matter that the court considers is just.
(4) An application for
an order under this section may be made by a prosecutor without notice to the
accused and may be dealt with in the absence of the accused.
(4a) Despite
section 171, an application by a prosecutor for an order under this section
that is made without notice to the accused must not be dealt with in open
court and the only people who may be present when it is dealt with are the
applicant and those permitted by the court.
(5) If an order is
made under this section in the absence of an accused, the order must not be
given or disclosed to the accused without the permission of the court that
made it or, if it was made by a court of summary jurisdiction and the accused
is committed for trial or sentence to a superior court, of the superior court.
[Section 138 amended: No. 5 of 2008 s. 46.]