Victorian Current Acts Victorian Current ActsS. 42N(1) amended by Nos 68/2009 s. 97(Sch. item 54.36), 38/2016 s. 8(2).
(1) An application for a direction referred to in section 42MA may be made by or on behalf of the accused or the prosecution at any time up to 14 days before the day on which the accused is due to appear or any shorter period before that day that is fixed by the court because of the existence of a good and sufficient reason.
(2) An application is made by filing with the court a notice in the form (if any) prescribed by rules of court and stating the grounds on which it is made and serving a copy on any other party in accordance with any rules of court.
S. 42N(3) amended by Nos 68/2009 s. 97(Sch. item 54.37), 38/2016 s. 8(2).
(3) With leave of the court, an application for a direction referred to in section 42MA may be made by or on behalf of the accused or the prosecution at any time in the course of the proceeding to which the direction being sought relates, irrespective of whether an application by a party for such a direction has previously been refused by the court.
(4) Subsection (2) does not apply to an application made in accordance with subsection (3).
S. 42N(5) amended by No. 38/2016 s. 8(2).
(5) A court may also make a direction referred to in section 42MA on its own initiative at any time in the course of the proceeding to which the direction relates, irrespective of whether an application made in accordance with this section has previously been refused by it.
S. 42N(6) amended by No. 38/2016 s. 8(2).
(6) The exercise of the power conferred on a court to make a direction referred to in section 42MA is subject to any practice directions.
S. 42O (Heading) inserted by No. 68/2009 s. 97(Sch. item 54.38).
S. 42O inserted by No.
4/1997
s. 3, amended by No. 68/2009 s. 97(Sch.
item 54.39).