Commonwealth Consolidated Acts

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THERAPEUTIC GOODS ACT 1989 - SECT 41MIA

Notice required to adduce evidence in support of exception under subsection 41MI(7)

             (1)  If:

                     (a)  a defendant is committed for trial for an offence against subsection 41MI(1); or

                     (b)  an offence against subsection 41MI(1) is to be heard and determined by a court of summary jurisdiction;

the committing magistrate or the court must:

                     (c)  inform the defendant of the requirements of this section; and

                     (d)  cause a copy of this section to be given to the defendant.

             (2)  A defendant must not, without leave of the court, adduce evidence in support of the exception under subsection 41MI(7) unless:

                     (a)  if paragraph (1)(a) applies--more than 21 days before the trial begins; or

                     (b)  if paragraph (1)(b) applies--more than 21 days before the hearing of the offence begins;

he or she gives notice of particulars of the exception.

             (3)  A defendant must not, without leave of the court, call any other person to give evidence in support of the exception unless:

                     (a)  the notice under subsection (2) includes the name and address of the person or, if the name and address is not known to the defendant at the time he or she gives the notice, any information in his or her possession that might be of material assistance in finding the person; and

                     (b)  if the name or the address is not included in the notice--the court is satisfied that the defendant before giving the notice took, and after giving the notice continued to take, all reasonable steps to ascertain the name or address; and

                     (c)  if the name or address is not included in the notice, but the defendant subsequently ascertains the name or address or receives information that might be of material assistance in finding the person--the defendant immediately gives notice of the name, address or other information, as the case may be; and

                     (d)  if the defendant is told by or on behalf of the prosecutor that the person has not been found by the name, or at the address, given by the defendant:

                              (i)  the defendant immediately gives notice of any information in the defendant's possession that might be of material assistance in finding the person; or

                             (ii)  if the defendant later receives any such information--the defendant immediately gives notice of the information.

             (4)  A notice purporting to be given under this section on behalf of the defendant by his or her legal practitioner is, unless the contrary is proved, taken as having been given with the authority of the defendant.

             (5)  Any evidence tendered to disprove that the exception applies may, subject to direction by the court, be given before or after evidence is given in support of the exception.

             (6)  A notice of particulars of the exception must be given, in writing, to the Director of Public Prosecutions. A notice is taken as having been given if it is:

                     (a)  delivered to or left at the Office of the Director of Public Prosecutions; or

                     (b)  sent by certified mail addressed to the Director of Public Prosecutions at the Office of the Director of Public Prosecutions.

             (7)  In this section:

"Director of Public Prosecutions" means a person holding office as, or acting as, the Director of Public Prosecutions under the Director of Public Prosecutions Act 1983 .



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