AustLII Tasmanian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

EVIDENCE AMENDMENT ACT 2010 (NO. 46 OF 2010) - SECT 38

Section 131A inserted

Before section 132 of the Principal Act , the following section is inserted in Division 4:

131A.     Application of Division to preliminary proceedings of courts

(1)  If –
(a) a person is required by a disclosure requirement to give information, or to produce a document, which would result in the disclosure of a communication, a document or its contents or other information of a kind referred to in Division 1 , 1A or 3 or section 127A or 127B ; and
(b) the person objects to giving that information or providing that document –
the court must determine the objection by applying the provisions of this part (other than sections 123 and 128 ) with any necessary modifications as if the objection to giving information or producing the document were an objection to the giving or adducing of evidence.
(2)  In this section –
disclosure requirement means a process or order of a court that requires the disclosure of information or a document and includes the following:
(a) a summons or subpoena to produce documents or give evidence;
(b) pre-trial discovery;
(c) non-party discovery;
(d) interrogatories;
(e) a notice to produce;
(f) a request to produce a document under Division 1 of Part 6 of Chapter 4 .



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]