EVIDENCE ACT 1906 - SECT 106MA
EVIDENCE ACT 1906 - SECT 106MA
106MA . Unauthorised possession or dealing in video-taped evidence
(1) A person commits
an offence who, without authority —
(a) has
a visual recording of evidence in his possession; or
(b)
supplies or offers to supply a visual recording of evidence to any person.
(2) A person commits
an offence who, without authority plays, copies, erases or permits a person to
copy or erase a visual recording of evidence.
(3) A person has
authority for the purposes of subsection (1) or (2) only if he or she has
possession of a visual recording of evidence or does anything mentioned in
subsection (1) or (2), as the case may be —
(a) in
the case of a public official, for a purpose connected with the proceeding for
which the recording was made or any resulting proceeding by way of appeal; or
(b) in
any other case, as authorised by a judge under section 106K or 106RA.
(4) A person who
commits an offence against this section is liable to a fine of $5 000.
[Section 106MA inserted: No. 53 of 1992 s. 40;
amended: No. 46 of 2004 s. 14(4) and 22(3); No. 84 of 2004 s. 41.]