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Thursday, 9 March 1972
Page: 621


Senator CAVANAGH (South Australia) - I rise to speak because a matter has aroused my curiosity. I question the wording of clause 24 (1 .) as it stands. It reads:

On the application of a party to a proceeding, the court or judge may, by order, direct a bank or the manager of a bank or of a branch of a bank, whether within or outside the Territory, to permit the party to inspect, and take copies of, a book specified in the order.

If I, as an accused, want to obtain an order from the court to take copies of documents from the bank to show that I am a bankrupt, and therefore that it would be useless to proceed with an action, I can obtain an order. But if I seek to make an application to the court for an order, my application for an order under clause 24(1.) would not be served on the bank or manager concerned unless the court or judge directed that the application be so served. I would have thought that, even as an act of courtesy, if I wanted to seek an order from a judge to inspect the books of the bank. I would not be debarred from serving notice on the bank unless the judge so ordered that I could serve an application. There must be some reason for this. If the Attorney-General (Senator Greenwood) could tell me the reason. I would be appreciative.







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