EVIDENCE ACT 1929 - SECT 67I
EVIDENCE ACT 1929 - SECT 67I
67I—Procedures for giving restricted access to sensitive material
(1) If, but for this
Division, a prosecuting authority would be required to give
unrestricted access to sensitive material, the prosecuting authority has a
discretion to give either unrestricted or restricted access to the sensitive
material.
(2) A
prosecuting authority cannot, however, exercise its powers under this Division
to restrict access to sensitive material by—
(a) a
court; or
(b) a
public official who reasonably requires access to the sensitive material for
purposes connected with his or her official functions.
(3) If the
prosecuting authority decides to give restricted access, the authority must
give the person entitled to access a notice (a
"sensitive material notice") that complies with this section.
(4) The sensitive
material notice must—
(a)
describe the sensitive material; and
(b)
indicate that the prosecuting authority has decided to exercise its powers
under this section to restrict the person's access to the sensitive material;
and
(c)
state that the restricted access to the sensitive material is subject to the
following conditions:
(i)
the condition that the material will be available for
examination by the person under the supervision of the prosecuting authority
at a place specified in the notice and at a time to be arranged at the request
of the person;
(ii)
any other condition the prosecuting authority considers
necessary or desirable to protect the integrity of the material and to prevent
unauthorised reproduction or dissemination; and
(d) set
out the name and contact details of the person who is responsible for
arranging restricted access to the material on behalf of the prosecuting
authority.
(5) After receiving a
sensitive material notice, the person entitled to restricted access may ask
the prosecuting authority to give the person access to the sensitive material.
(6) The
prosecuting authority must, as soon as practicable after receiving such a
request, give the person entitled to restricted access such opportunity or
opportunities as may be reasonable in the circumstances to access the
sensitive material under the conditions of access.
(7) A decision by a
prosecuting authority under this section to restrict access to
sensitive material is administrative and final and not subject to any form of
review.
(8) A person who is
given restricted access to sensitive material by a prosecuting authority under
this section must not contravene a condition of access.
Maximum penalty: $8 000 or imprisonment for 2 years or both.