Western Australian Numbered Acts Western Australian Numbered Acts (1) In this section,
unless the contrary intention appears —
“disclosure requirement” means a
requirement imposed on a party by section 61 or 62 and any order
made under section 138.
(2) If at the trial in
a case the court is satisfied that a party has not obeyed a disclosure
requirement, the court, on the application of a party affected by the breach,
may adjourn the trial to a date that allows enough time —
(a) if
necessary, for the party in breach of the requirement to obey it; and
(b) for
a party affected by the breach to investigate properly any evidence or other
matter disclosed in accordance with the requirement and to obtain any further
evidence that may be necessary as a result of the disclosure.
(3) On the resumption
of a trial that is adjourned under subsection (2) a party affected by the
breach —
(a) may
require a person who has given evidence, including the accused, to be recalled
as a witness;
(b) may
cross-examine or further cross-examine the person about the evidence or other
matter disclosed in accordance with the disclosure requirement; and
(c) may
adduce evidence in rebuttal of the evidence or other matter disclosed in
accordance with the disclosure requirement.
(4) If a party does
not obey a disclosure requirement, the court, in making an order for costs
under section 67 or the Official Prosecutions (Accused’s Costs)
Act 1973 in favour of the party, may reduce the amount that would
otherwise be ordered by the amount of the costs that a party affected by the
breach incurred as a result of the breach.