EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 51 Meaning of audiovisual recording—div 4.3.3

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 51

    (1)     For this division, an audiovisual recording is an audiovisual recording that is of a witness in a relevant proceeding answering questions of a prescribed person in relation to the investigation of an offence the subject of the proceeding.

    (2)     The audiovisual recording must include the following:

        (a)     the date when, and the place where, the recording was made;

        (b)     the times when the recording started and ended;

        (c)     the times when any break in questioning started and ended, and the reason for the break;

        (d)     the name of each person present during any part of the recording;

        (e)     for each person present during any part of the recording—the part when the person was present.

    (3)     The audiovisual recording must—

        (a)     be certified by a prescribed person as an accurate record of the witness answering the questions; and

        (b)     not be edited or changed, unless the court hearing the relevant proceeding in which the recording is tendered otherwise orders.

Example—court ordering change

editing the recording to omit inadmissible material