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JUSTICES ACT 1959 - SECT 61 Interpretation

JUSTICES ACT 1959 - SECT 61

Division 3 - Preliminary proceedings Interpretation

(1)  In this Division –
audio visual link has the same meaning as in the Evidence (Audio and Audio Visual Links) Act 1999 ;
certified , in relation to a transcript of evidence recorded by means other than direct recording on paper, means the certification by the person who transcribed the recording that the transcript is a true and accurate record of the recording;
crown law officer has the same meaning as in section 1 of the Criminal Code ;
endorsed recording , in relation to the statement of an affected person, means a copy of a written or other recording of a statement made by the affected person that is endorsed with, or accompanied by, a certificate that –
(a) purports to be made by a person who was present when the affected person made the statement; and
(b) states that the copy of the recording is a true and accurate copy;
examination , of a witness, includes cross-examination or re-examination of the witness;
transcribe means transcribe, or print, onto paper.
(2)  A person in respect of an indictable offence is an affected person if the person –
(a) is a person upon whom, or in respect of whom, another person is charged with having committed one or more of the following offences:
(i) a crime under section 122 , 124 , 124A , 125 , 125A , 125B , 125C , 125D , 126 , 127 , 129 , 130 , 133 , 137 , 158 , 159 , 170 , 170A , 172 , 178 , 185 , 186 or 189 of the Criminal Code ;
(ii) a crime under section 127A of the Criminal Code , as in force immediately before the commencement of the Criminal Code Amendment (Sexual Assault) Act 2017 ;
(iii) a crime under section 298 , 299 or 300 of the Criminal Code if the crime relates to a crime referred to in subparagraph (i) ;
(iv) an offence under section 73 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 ;
(v) a child sexual offence within the meaning of the Evidence (Children and Special Witnesses) Act 2001 ;
(vi) an offence the commission of which involves, or relates to, family violence within the meaning of the Family Violence Act 2004 ;
(vii) an offence under section 4 , 7 , 8(2) or 9 of the Sex Industry Offences Act 2005 ; or
(b) has not attained the age of 17 years at the time an application is made, under this Division, to examine the witness in respect of the offence; or
(c) is a member of a class of persons prescribed for the purposes of this Division.
(3)  In this Division, a reference to a defendant is a reference to the defendant in respect of the indictable offence for which a preliminary proceedings order is sought or granted.