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.