Australian Capital Territory Consolidated Acts

SUPREME COURT ACT 1933 - SECT 74A

    (1)     If a record is made of evidence given in a proceeding before the Supreme Court, the registrar has custody of the record.

    (2)     The registrar shall give the directions necessary to ensure that, as and when required, a transcript of the record of evidence given in a proceeding in the Supreme Court is prepared, and, for the purpose of enabling the transcript to be prepared, the record shall be produced out of the custody of the registrar.

    (3)     The person who—

        (a)     prepares a transcript under subsection (2); or

        (b)     if such a transcript is prepared under supervision—supervises the transcription;

shall certify on the transcript that it is a true transcript of the record of the proceedings produced out of the custody of the registrar.

    (4)     If—

        (a)     a record of evidence given in a proceeding in the Supreme Court has been made by means of sound recording apparatus; and

        (b)     the sound recording is produced out of the custody of the registrar; and

        (c)     the sound recording contains a record of the comments that purport—

              (i)     to have been made at the same time as the sound recording produced out of the custody of the registrar was made; and

              (ii)     to have been made for the purpose of identifying the proceeding or the voices recorded by the sound recording or any other matter or thing so recorded;

the sound recording is evidence of the identity of the proceedings, of the voices or of the other matter or thing, as the case may be.

    (5)     On application, the registrar shall, subject to subsection (6)—

        (a)     give the applicant a copy of the whole or any requested part of a transcript prepared under subsection (2); and

        (b)     certify on the copy that it is a true copy of the transcript or part, as the case may be.

    (6)     The registrar shall not give a copy of a transcript or part of a transcript to an applicant unless—

        (a)     the applicant is a party to the proceeding to which the transcript relates; or

        (b)     the applicant satisfies the registrar or a judge that he or she has good reason for applying.

    (7)     If—

        (a)     a document purports to be a transcript, made in accordance with this section, of evidence given by a person in a proceeding in the Supreme Court; and

        (b)     the document bears a certificate that purports to be a certificate given in accordance with subsection (5);

any statement in the document is admissible in evidence in another proceeding to the same extent that the statement would, if given orally, be admissible in that other proceeding if the person—

        (c)     is dead; or

        (d)     is outside Australia and it is not reasonably practicable to secure his or her attendance; or

        (e)     if unfit because of old age or bodily or mental condition to appear as a witness; or

        (f)     cannot with reasonable diligence be found.