Northern Territory Consolidated Acts

RECORDS OF DEPOSITIONS ACT - SECT 19

A person whose function is to operate sound-recording apparatus to record the depositions of a witness in a proceeding before a court shall -

(a) ensure that the magnetic tape on which the depositions are to be recorded does not already have any matter recorded on it;

(b) before, or as soon as practicable after, the commencement of the proceeding, enter in writing on a form approved by the clerk of the court and record on a track of the magnetic tape parallel to the track on which the depositions are to be or are being recorded the following particulars in relation to the proceeding:

(i) the title of the court before which the proceeding is to be or is being conducted;

(ii) the name or names of the person or persons before whom the proceeding is to be or is being conducted;

(iii) the date on which the proceeding is to commence or commenced;

(iv) the number of the court room, if any, in which the proceeding is to be or is being conducted;

(v) the names of the parties to the proceeding and of their counsel and solicitors, if any;

(vi) the case number of the proceeding and the number of any associated court file; and

(vii) the number shown on the spool that contains the magnetic tape;

(c) during the course of the proceeding, enter in writing on the form referred to in paragraph (b) and record on a track of the magnetic tape parallel to the track on which the depositions are being recorded -

(i) the full name of a witness and the date, time and corresponding number shown on the counter of the sound-recording apparatus of -

(A) the commencement of his examination-in-chief, cross-examination, re-examination and further examination or questioning (if any) respectively, together with the names of the respective examiners or questioners; and

(B) the completion of his depositions; and

(ii) the nature of and identification marking on an exhibit;

(d) while the depositions are being recorded, make, on a track of the magnetic tape parallel to the track on which the depositions are being recorded, such comments as will enable the person speaking in the proceeding at any particular time to be identified;

(e) where an electrical or mechanical failure occurs or other defect becomes apparent in the sound-recording apparatus, draw the failure or defect to the attention of the court and the clerk of the court as soon as he becomes aware of it; and

(f) subject to this Act, comply with any directions given to him concerning his function by the court or the clerk of the court.