Marginal note:Original documents
Marginal note:Documents referred to in paragraph 3(5)(e) or (g)
(2) On the written request of the Division, the Minister must without delay provide to the Division the original of any document referred to in paragraph 3(5)(e) or (g) that is in the possession of an officer.
Marginal note:Documents after hearing
(2) The party must attach a copy of the document to the application that must be made in accordance with rule 50, but the party is not required to give evidence in an affidavit or statutory declaration.
(3) In deciding the application, the Division must consider any relevant factors, including
Marginal note:Providing witness information
(a) the witness’s contact information;
(b) a brief statement of the purpose and substance of the witness’s testimony or, in the case of an expert witness, the expert witness’s brief signed summary of the testimony to be given;
(c) the time needed for the witness’s testimony;
(d) the party’s relationship to the witness;
(e) in the case of an expert witness, a description of the expert witness’s qualifications; and
(f) whether the party wants the witness to testify by means of live telecommunication.
Marginal note:Proof witness information provided
(2) The witness information provided to the Division must be accompanied by a written statement indicating how and when it was provided to the other party, if any.
Marginal note:Time limit
(3) Documents provided under this rule must be received by their recipients no later than 10 days before the date fixed for the hearing.
Marginal note:Failure to provide witness information
(4) If a party does not provide the witness information, the witness must not testify at the hearing unless the Division allows them to testify.
(5) In deciding whether to allow a witness to testify, the Division must consider any relevant factors, including
Marginal note:Requesting summons
(2) In deciding whether to issue a summons, the Division must consider any relevant factors, including
Marginal note:Using summons
(3) If a party wants to use a summons, the party must
(a) provide the summons to the person by hand;
(b) provide a copy of the summons to the Division, together with a written statement indicating the name of the person who provided the summons and the date, time and place that it was provided by hand; and
Marginal note:Cancelling summons
(2) The person must make the application in accordance with rule 50, but is not required to give evidence in an affidavit or statutory declaration.
Marginal note:Arrest warrant
47 (1) If a person does not obey a summons to appear as a witness, the party who requested the summons may make a request to the Division orally at the hearing, or in writing, to issue a warrant for the person’s arrest.
Marginal note:Written request
(2) A party who makes a written request for a warrant must provide supporting evidence by affidavit or statutory declaration.
Marginal note:Requirements for issue of arrest warrant
(3) The Division must not issue a warrant unless
(a) the person was provided the summons by hand or the person is avoiding being provided the summons;
(c) the person did not appear at the hearing as required by the summons; and
(d) the person’s testimony is still needed for a full and proper hearing.
Marginal note:Content of warrant
(4) A warrant issued by the Division for the arrest of a person must include directions concerning detention or release.
Marginal note:Excluded witness
48 If the Division excludes a witness from a hearing room, no person may communicate to the witness any evidence given while the witness was excluded unless allowed to do so by the Division or until the witness has finished testifying.
Marginal note:General provision
49 Unless these Rules provide otherwise,
(a) a party who wants the Division to make a decision on any matter in a proceeding, including the procedure to be followed, must make an application to the Division in accordance with rule 50;
(b) a party who wants to respond to the application must respond in accordance with rule 51; and
(c) a party who wants to reply to a response must reply in accordance with rule 52.
How to Make an Application
Marginal note:Written application and time limit
50 (1) Unless these Rules provide otherwise, an application must be made in writing, without delay, and must be received by the Division no later than 10 days before the date fixed for the next proceeding.
Marginal note:Oral application
(2) The Division must not allow a party to make an application orally at a proceeding unless the party, with reasonable effort, could not have made a written application before the proceeding.
Marginal note:Content of application
(3) Unless these Rules provide otherwise, in a written application, the party must
Marginal note:Affidavit or statutory declaration
(4) Unless these Rules provide otherwise, any evidence that the party wants the Division to consider with a written application must be given in an affidavit or statutory declaration that accompanies the application.
Marginal note:Providing application to other party and Division
(5) A party who makes a written application must provide
(a) to the other party, if any, a copy of the application and a copy of any affidavit or statutory declaration; and
(b) to the Division, the original application and the original of any affidavit or statutory declaration, together with a written statement indicating how and when the party provided a copy to the other party, if any.
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