INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 133 Video recording of examination

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 133

    (1)     If a person attends the IBAC for an examination in accordance with a witness summons, the IBAC must ensure that the person's attendance is video recorded.

    (2)     Subject to subsection (3), evidence of anything said by the person during the attendance is inadmissible as evidence against any person in any proceeding before a court or tribunal unless—

        (a)     the attendance was video recorded; and

        (b)     the video recording is available to be tendered in evidence.

    (3)     A court may admit evidence of anything said by a person during an attendance that is otherwise inadmissible because of subsection (2) if the court is satisfied that there are exceptional circumstances that justify the admission of the evidence.

    (4)     Unless the IBAC considers on reasonable grounds that doing so may prejudice an investigation, a person who is examined must be provided with a copy of—

        (a)     the video recording; and

        (b)     any transcript created.

    (5)     If the IBAC determines not to provide a person with a copy of the video recording and any transcript in accordance with subsection (4), the IBAC must allow the person to view the video recording of his or her evidence at the IBAC premises at any reasonable time.

S. 134 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)).