Western Australian Current Acts

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MINING ACT 1978 - SECT 138

138 .         Mode of trial

        (1)         The hearing of all proceedings in a warden’s court shall be in open court, at the time and place appointed therefor, and all evidence shall be taken on oath, for which purpose a warden, the mining registrar or other person acting as the clerk of the warden’s court is empowered to administer an oath.

        (2)         Where a warden’s court, for any reason cannot be held at the time and place so appointed, the warden or in his place the mining registrar, may adjourn it to such time and place as the warden or the mining registrar, as the case may be, appoints.

        (3)         A warden’s court at any time may adjourn the hearing of any proceedings in such manner and upon such terms as to costs or otherwise, as the court thinks fit.

        (4)         A warden’s court may, of its own motion, at any time during the hearing of any proceedings in the warden’s court, call any expert witness to give evidence in relation to any technical matter arising in the course of those proceedings, but before doing so it shall give to each party to the proceedings reasonable notice of its intention so to do.

        [Section 138 amended: No. 39 of 2004 s. 74.]



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