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EVIDENCE ACT 1929 - SECT 67G

EVIDENCE ACT 1929 - SECT 67G

67G—Interpretation and application

        (1)         In this Division—

"access"—a person gives another person access to sensitive material if the person—

            (a)         allows the other to view the material; or

            (b)         gives the other a copy of the material; or

            (c)         gives the other a tape, disk or device from which the material may be produced or reproduced; or

            (d)         transmits the material, or a copy of the material, to the other in the form of computer data;

"conditions of access"—see section 67I(4);

"criminal investigation" means the investigation of an offence, or alleged offence;

"criminal proceedings" means proceedings against a person for an offence (whether summary or indictable), including the following:

            (a)         committal proceedings for an indictable offence;

            (b)         proceedings relating to bail;

            (c)         proceedings for the trial of an offence;

            (d)         proceedings relating to sentencing;

            (e)         proceedings on an appeal against conviction or sentence;

"private act" means—

            (a)         a sexual act; or

            (b)         an act involving an intimate bodily function such as using a toilet; or

            (c)         an activity involving nudity or exposure or partial exposure of sexual organs, pubic area, buttocks or female breasts;

"prosecuting authority" means—

            (a)         in relation to criminal proceedings—the Director of Public Prosecutions, a delegate of the Director of Public Prosecutions, a police officer, or any other person acting in a public official capacity, who is responsible for commencing or conducting a prosecution; and

            (b)         in relation to a criminal investigation—a police officer or any other person acting in a public official capacity who is responsible for conducting a criminal investigation;

"public official" means—

            (a)         a police officer; or

            (b)         a person who holds an office or position in the employment of the State or an instrumentality or agency of the State; or

            (c)         any person classified by regulation as a public official;

"restricted access" to sensitive material means access subject to conditions imposed under this Division;

"sensitive material" has the meaning given by section 67H;

"sensitive material notice"—see section 67I;

"unrestricted access" to sensitive material means access that is not subject to conditions imposed under this Division.

        (2)         In this Division, a reference to a "prosecuting authority" includes a reference to a legal practitioner representing the prosecuting authority.