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COUNTY COURT (CHAPTER I AMENDMENT NO. 3) RULES 2011 (SR NO 82 OF 2011) - REG 23

Form 37BA—search order

r. 23

    (1)     In Form 37BA of the Principal Rules, for paragraph 21 substitute

    "21.         (a)                         This paragraph 21 applies if you are not a corporation and you wish to object to complying with paragraph 20 on the grounds that some or all of the information required to be disclosed may tend to prove that you—

              (i)     have committed an offence against or arising under an Australian law or a law of a foreign country; or

              (ii)     are liable to a civil penalty.

            (b)     This paragraph 21 also applies if you are a corporation and all persons who are able to comply with paragraph 20 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 20 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively—

              (i)     have committed an offence against or arising under an Australian law or a law of a foreign country; or

              (ii)     are liable to a civil penalty.

            (c)     You must—

              (i)     disclose so much of the information required to be disclosed to which no objection is taken; and

              (ii)     prepare an affidavit containing so much of the information required to be disclosed to which objection is taken and deliver it to the Court in a sealed envelope; and

              (iii)     file and serve on each other party a separate affidavit setting out the basis of the objection.".

    (2)     In Form 37BA of the Principal Rules, for paragraph 24 substitute

    "24.         (a)     This paragraph 24 applies if you are not a corporation and you wish to object to complying with paragraph 23 on the grounds that some or all of the information required to be disclosed may tend to prove that you—

              (i)     have committed an offence against or arising under an Australian law or a law of a foreign country; or

              (ii)     are liable to a civil penalty.

            (b)                         This paragraph 24 also applies if you are a corporation and all persons who are able to comply with paragraph 23 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 23 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively—

              (i)     have committed an offence against or arising under an Australian law or a law of a foreign country; or

              (ii)     are liable to a civil penalty.

            (c)     You must—

              (i)     disclose so much of the information required to be disclosed to which no objection is taken; and

              (ii)     prepare an affidavit containing so much of the information required to be disclosed to which objection is taken and deliver it to the Court in a sealed envelope; and

              (iii)     file and serve on each other party a separate affidavit setting out the basis of the objection.".

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