Queensland Consolidated Acts Queensland Consolidated Acts11.(1) Notwithstanding anything to the contrary contained in any Act, rule, or
practice, in all cases where it is prescribed or required by law that the
deposition of a witness is to be read over to and signed by the witness, or
that any evidence or other matter is to be reduced to or taken down in writing
or signed, or there is some other provision of the law to the like effect, it
shall be sufficient for all purposes if the deposition, evidence, or other
matter, as the case may be, is recorded under this Act.
(2) Any reference in
any Act to the deposition of any witness or to the depositions of any
witnesses taken shall, where the evidence of the witness or witnesses has been
recorded under this Act, be read as a reference to a transcription of that
record under this Act certified under section 10(2).
(2A) A transcription
(certified as aforesaid) made under this Act of such a record need not be
signed by the witness or by the court or judicial person in or before whom the
deposition, evidence or other matter is taken or given.
(3) The record on a
master-tape shall not be destroyed--
(a) within the time allowed by law for instituting any appeal or application for a rehearing or review in relation to the legal proceeding in question; or
(b) where an appeal or application for a rehearing or review or otherwise in relation to the legal proceeding in question is instituted--until that appeal or application is finally determined or otherwise terminated.
(4) The court or judicial person who directs that any legal proceeding be recorded by a mechanical device or who is hearing or may hear an appeal or application for a rehearing or review or otherwise in relation to such legal proceeding or who rehears or reviews or may rehear or review such legal proceeding may at any time--
(a) make such order for the retention of the record made on the master-tape for such period and subject to such conditions as the court or judicial person thinks fit;
(b) if--
(i) a transcription of the record has been made under this Act; and
(ii) the transcription has been certified as correct by the responsible shorthand reporter or recorder;
then, whether or not an order has been made under paragraph (a), by order authorise the destruction of the record on the master-tape.
(5) Subject to subsection (3) and to an order made under subsection (4) a record on a master-tape may be destroyed at any time--
(a) after a transcription of the record has been made;
(b) before such a transcription has been made if--
(i) the legal proceeding so recorded is not one in or before a court of record; or
(ii) the record is of a hearing ex parte by a Magistrates Court of a simple offence or breach of duty or is of some other prescribed class of legal proceeding in respect of a simple offence or breach of duty.
(6) A record on a dictation-tape may be destroyed at any time--
(a) after a transcription of the record has been made; or
(b) as prescribed.