{"id":"qld:act-1962-033","name":"Recording of Evidence Act 1962","slug":"recording-of-evidence-act-1962","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"33 of 1962","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105648,"registerId":"qld-act-1962-033-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Recording of Evidence Act 1962 .\ns 1 sub 1992 No. 40 s 163 sch 1","sortOrder":0},{"sectionNumber":"sec.2","sectionType":"section","heading":null,"content":"### Section sec.2\n\ns 2 om 1992 No. 40 s 163 sch 1","sortOrder":1},{"sectionNumber":"sec.3","sectionType":"section","heading":null,"content":"### Section sec.3\n\ns 3 om 1992 No. 40 s 163 sch 1","sortOrder":2},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nIn this Act—\ncourt includes the Supreme Court and any judge thereof, a District Court and any judge thereof, the Industrial Court, a Magistrates Court, and any court or tribunal established and constituted by or under any law of this State.\ns 4 def court amd 2013 No. 3 s 49 (3)\ncourtroom means any room in which a judicial person sits or is likely to sit for the purposes of a legal proceeding.\ns 4 def courtroom ins 2008 No. 59 s 120 (2)\ndictation-tape means a medium (other than a master recording) containing the record or any part of the record made under this Act by mechanical means of a legal proceeding.\ns 4 def dictation-tape ins 1968 No. 14 s 19 (a)\namd 2013 No. 3 s 49 (4)\njudicial person includes any judge, magistrate, industrial magistrate, justice, or coroner, and any arbitrator, commissioner, officer, registrar, or other person or body having by law or by consent of parties authority to hear or receive evidence or examine witnesses or other persons.\ns 4 def judicial person amd 2005 No. 70 s 138 (1) ; 2013 No. 3 s 49 (5)\nlegal proceeding includes any proceeding (whether civil or criminal) in or before any court, any proceeding before justices, and any proceeding before any court or person (including any inquiry, arbitration heard by the industrial commission, or examination) in which evidence is or may be given, as well as any part of any legal proceeding.\ns 4 def legal proceeding amd 2013 No. 3 s 49 (6) – (6A) ; 2013 No. 35 s 160\nmaster recording means the medium containing a complete record under this Act of a legal proceeding.\ns 4 def master recording ins 2013 No. 3 s 49 (2)\nmaster-tape ...\ns 4 def master-tape ins 1968 No. 14 s 19 (b)\nom 2013 No. 3 s 49 (1)\nmechanical means , in relation to the recording under this Act of any legal proceeding, means the recording by recording equipment.\ns 4 def mechanical means amd 2008 No. 59 s 120 (3)\nmedium means a disc, tape or other thing from which a record under this Act may be reproduced.\ns 4 def medium ins 2013 No. 3 s 49 (2)\nMinister ...\ns 4 def Minister sub 1990 No. 80 s 3 sch 6\nom 1992 No. 40 s 163 sch 1\nout-of-session recording means a recording of matter that—\ntakes place in a courtroom that is equipped with recording equipment to be used for the purposes of this Act; and\nis made by that recording equipment; and\nis made when no legal proceeding is taking place in the courtroom.\ns 4 def out-of-session recording ins 2008 No. 59 s 120 (2)\nrecorder means a person who carries out a recording service.\ns 4 def recorder sub 2013 No. 3 s 49 (1) – (2)\nrecording equipment means a tape recording machine or any mechanical, electronic or other device for recording matter.\ns 4 def recording equipment ins 2008 No. 59 s 120 (2)\nrecording service means—\nthe recording of relevant matter in a legal proceeding under section 5 ; or\nthe transcription of a record under this Act under an arrangement under section 5A , 5C or 6 ; or\nthe transcription of a record under this Act by a public service employee in the department.\ns 4 def recording service ins 2013 No. 3 s 49 (2)\namd 2023 No. 9 s 31\nrecord under this Act —\nin relation to a legal proceeding taking place in a courtroom—means the evidence (if any) and other matter (if any) recorded under section 5 and includes, if the record on a master recording is a digital recording, a replication of the record onto a separate data storage medium; or\nif no legal proceeding is taking place in a courtroom—means matter recorded in an out-of-session recording.\ns 4 def record under this Act amd 2005 No. 70 s 138 (2) ; 2008 No. 59 s 120 (4) – (5) ; 2013 No. 3 s 49 (7)\nshorthand reporter ...\ns 4 def shorthand reporter om 2013 No. 3 s 49 (1)\ntape ...\ns 4 def tape ins 1968 No. 14 s 19 (c)\nom 2013 No. 3 s 49 (1)\ntranscription , in relation to any record under this Act, means the transcription to longhand writing, typewriting or other mode of the record.\ns 4 amd 2008 No. 59 s 120 (1)\n- (a) takes place in a courtroom that is equipped with recording equipment to be used for the purposes of this Act; and\n- (b) is made by that recording equipment; and\n- (c) is made when no legal proceeding is taking place in the courtroom.\n- (a) the recording of relevant matter in a legal proceeding under section 5 ; or\n- (b) the transcription of a record under this Act under an arrangement under section 5A , 5C or 6 ; or\n- (c) the transcription of a record under this Act by a public service employee in the department.\n- (a) in relation to a legal proceeding taking place in a courtroom—means the evidence (if any) and other matter (if any) recorded under section 5 and includes, if the record on a master recording is a digital recording, a replication of the record onto a separate data storage medium; or\n- (b) if no legal proceeding is taking place in a courtroom—means matter recorded in an out-of-session recording.","sortOrder":3},{"sectionNumber":"sec.4A","sectionType":"section","heading":"When does a legal proceeding take place in a courtroom","content":"### sec.4A When does a legal proceeding take place in a courtroom\n\nA legal proceeding takes place in a courtroom when a judicial person sits for the purposes of a legal proceeding.\ns 4A ins 2008 No. 59 s 121","sortOrder":4},{"sectionNumber":"sec.4B","sectionType":"section","heading":"Recording may be continuous","content":"### sec.4B Recording may be continuous\n\nThis section applies if a courtroom is equipped with recording equipment to be used for the purposes of this Act.\nMatter in the courtroom may be recorded by that recording equipment whether or not a legal proceeding is taking place in the courtroom.\ns 4B ins 2008 No. 59 s 121\n(sec.4B-ssec.1) This section applies if a courtroom is equipped with recording equipment to be used for the purposes of this Act.\n(sec.4B-ssec.2) Matter in the courtroom may be recorded by that recording equipment whether or not a legal proceeding is taking place in the courtroom.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Recording of relevant matter in legal proceedings","content":"### sec.5 Recording of relevant matter in legal proceedings\n\nAll relevant matter in a legal proceeding is to be recorded.\nin shorthand\nby recording equipment\nThe recording may be done—\nfor any legal proceeding—\nunder an arrangement under section 5A ; or\nby a public service employee in the department; or\nfor a legal proceeding before QCAT—by a member of QCAT or an adjudicator under the QCAT Act; or\nfor an inquiry or examination—under an arrangement under section 5C ; or\nfor a legal proceeding before a tribunal prescribed under section 6 (1) —under an arrangement under section 6 (2) .\nSubsection (1) applies subject to any direction given by the court in which, or judicial person before whom, the legal proceeding is being taken.\nIn this section—\nrelevant matter , in a legal proceeding, means—\nevidence given in the legal proceeding; and\na ruling, direction, address, summing-up or other matter in the legal proceeding.\ns 5 amd 2008 No. 59 s 119 sch\nsub 2013 No. 3 s 50\namd 2023 No. 9 s 32\n(sec.5-ssec.1) All relevant matter in a legal proceeding is to be recorded. in shorthand by recording equipment\n(sec.5-ssec.2) The recording may be done— for any legal proceeding— under an arrangement under section 5A ; or by a public service employee in the department; or for a legal proceeding before QCAT—by a member of QCAT or an adjudicator under the QCAT Act; or for an inquiry or examination—under an arrangement under section 5C ; or for a legal proceeding before a tribunal prescribed under section 6 (1) —under an arrangement under section 6 (2) .\n(sec.5-ssec.3) Subsection (1) applies subject to any direction given by the court in which, or judicial person before whom, the legal proceeding is being taken.\n(sec.5-ssec.4) In this section— relevant matter , in a legal proceeding, means— evidence given in the legal proceeding; and a ruling, direction, address, summing-up or other matter in the legal proceeding.\n- • in shorthand\n- • by recording equipment\n- (a) for any legal proceeding— (i) under an arrangement under section 5A ; or (ii) by a public service employee in the department; or\n- (i) under an arrangement under section 5A ; or\n- (ii) by a public service employee in the department; or\n- (b) for a legal proceeding before QCAT—by a member of QCAT or an adjudicator under the QCAT Act; or\n- (c) for an inquiry or examination—under an arrangement under section 5C ; or\n- (d) for a legal proceeding before a tribunal prescribed under section 6 (1) —under an arrangement under section 6 (2) .\n- (i) under an arrangement under section 5A ; or\n- (ii) by a public service employee in the department; or\n- (a) evidence given in the legal proceeding; and\n- (b) a ruling, direction, address, summing-up or other matter in the legal proceeding.","sortOrder":6},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Arrangements for recording services","content":"### sec.5A Arrangements for recording services\n\nThe chief executive may enter into an arrangement with a person to provide either or both of the following services—\nthe recording of relevant matter in legal proceedings under section 5 ;\nthe transcription of records under this Act.\nUnder an arrangement, a recording or transcription may be carried out by the person who entered into the arrangement or someone else (for example, an employee, agent or subcontractor of the person who entered into the arrangement).\nA certificate given by the chief executive that, on a stated day, an arrangement was in force under this section with a stated person for the provision of a stated recording service, is evidence of the matter.\ns 5A ins 2013 No. 3 s 50\n(sec.5A-ssec.1) The chief executive may enter into an arrangement with a person to provide either or both of the following services— the recording of relevant matter in legal proceedings under section 5 ; the transcription of records under this Act. Under an arrangement, a recording or transcription may be carried out by the person who entered into the arrangement or someone else (for example, an employee, agent or subcontractor of the person who entered into the arrangement).\n(sec.5A-ssec.2) A certificate given by the chief executive that, on a stated day, an arrangement was in force under this section with a stated person for the provision of a stated recording service, is evidence of the matter.\n- (a) the recording of relevant matter in legal proceedings under section 5 ;\n- (b) the transcription of records under this Act.","sortOrder":7},{"sectionNumber":"sec.5B","sectionType":"section","heading":"Availability of copies of records and transcriptions","content":"### sec.5B Availability of copies of records and transcriptions\n\nThe chief executive must ensure appropriate arrangements are in place to ensure the availability to any person, by purchase or otherwise, of—\ncopies of records under this Act; and\ncopies of transcriptions of records under this Act.\nSubsection (1) does not apply to the extent that, under this or another Act or under an order of a court or judicial person, a copy of a record or transcription must not be made available to a person.\nThe arrangements must include arrangements for providing copies of records or transcriptions on request—\nto judicial persons at no cost; and\nto other persons, at no cost or at a cost that is less than the amount that would otherwise be payable, in accordance with the entitlements prescribed under a regulation.\nThe chief executive may put in place arrangements for providing copies of records or transcriptions to the Supreme Court Library Committee established under the Supreme Court Library Act 1968 , at no cost, for the purposes of enabling the committee to maintain and administer QSIS under that Act.\nHowever, despite an arrangement put in place under subsection (4) , the chief executive must not provide to the Supreme Court Library Committee copies of the following records or transcriptions—\nany part of a record under this Act of a criminal proceeding that has been made while the court is closed under a provision of an Act, or an order made under a provision of an Act requiring the court to be closed;\nany part of a record under this Act of a criminal proceeding if the court makes an order prohibiting access to, or the disclosure or publication of, the part.\nThe chief executive may delegate, to an appropriately qualified officer of the department, a function of the chief executive under this section.\nUnder a regulation made under subsection (3) (b) , the chief executive may have a function of making a decision about whether a person qualifies for an entitlement to a free copy of a transcription.\nThis section does not apply in relation to a legal proceeding mentioned in section 5C or 6 .\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to exercise the function.\nfunction includes a power.\ns 5B ins 2013 No. 3 s 50\namd 2013 No. 25 s 171 ; 2023 No. 9 s 33\n(sec.5B-ssec.1) The chief executive must ensure appropriate arrangements are in place to ensure the availability to any person, by purchase or otherwise, of— copies of records under this Act; and copies of transcriptions of records under this Act.\n(sec.5B-ssec.2) Subsection (1) does not apply to the extent that, under this or another Act or under an order of a court or judicial person, a copy of a record or transcription must not be made available to a person.\n(sec.5B-ssec.3) The arrangements must include arrangements for providing copies of records or transcriptions on request— to judicial persons at no cost; and to other persons, at no cost or at a cost that is less than the amount that would otherwise be payable, in accordance with the entitlements prescribed under a regulation.\n(sec.5B-ssec.4) The chief executive may put in place arrangements for providing copies of records or transcriptions to the Supreme Court Library Committee established under the Supreme Court Library Act 1968 , at no cost, for the purposes of enabling the committee to maintain and administer QSIS under that Act.\n(sec.5B-ssec.5) However, despite an arrangement put in place under subsection (4) , the chief executive must not provide to the Supreme Court Library Committee copies of the following records or transcriptions— any part of a record under this Act of a criminal proceeding that has been made while the court is closed under a provision of an Act, or an order made under a provision of an Act requiring the court to be closed; any part of a record under this Act of a criminal proceeding if the court makes an order prohibiting access to, or the disclosure or publication of, the part.\n(sec.5B-ssec.6) The chief executive may delegate, to an appropriately qualified officer of the department, a function of the chief executive under this section. Under a regulation made under subsection (3) (b) , the chief executive may have a function of making a decision about whether a person qualifies for an entitlement to a free copy of a transcription.\n(sec.5B-ssec.7) This section does not apply in relation to a legal proceeding mentioned in section 5C or 6 .\n(sec.5B-ssec.8) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the function. function includes a power.\n- (a) copies of records under this Act; and\n- (b) copies of transcriptions of records under this Act.\n- (a) to judicial persons at no cost; and\n- (b) to other persons, at no cost or at a cost that is less than the amount that would otherwise be payable, in accordance with the entitlements prescribed under a regulation.\n- (a) any part of a record under this Act of a criminal proceeding that has been made while the court is closed under a provision of an Act, or an order made under a provision of an Act requiring the court to be closed;\n- (b) any part of a record under this Act of a criminal proceeding if the court makes an order prohibiting access to, or the disclosure or publication of, the part.","sortOrder":8},{"sectionNumber":"sec.5C","sectionType":"section","heading":"Inquiries and examinations","content":"### sec.5C Inquiries and examinations\n\nThis section applies in relation to a legal proceeding that is an inquiry or examination.\nThe court or person before whom the inquiry or examination is conducted may arrange for either or both of the following to be carried out—\nthe recording of relevant matter in the proceeding under section 5 ;\nthe transcription of a record under this Act of the proceeding.\nAn arrangement under subsection (2) may be for a recording or transcription to be carried out by an officer or employee of the court or person or by someone else (for example, a person who also provides services under an arrangement with the chief executive under section 5A ).\ns 5C ins 2013 No. 3 s 50\namd 2023 No. 9 s 34\n(sec.5C-ssec.1) This section applies in relation to a legal proceeding that is an inquiry or examination.\n(sec.5C-ssec.2) The court or person before whom the inquiry or examination is conducted may arrange for either or both of the following to be carried out— the recording of relevant matter in the proceeding under section 5 ; the transcription of a record under this Act of the proceeding.\n(sec.5C-ssec.3) An arrangement under subsection (2) may be for a recording or transcription to be carried out by an officer or employee of the court or person or by someone else (for example, a person who also provides services under an arrangement with the chief executive under section 5A ).\n- (a) the recording of relevant matter in the proceeding under section 5 ;\n- (b) the transcription of a record under this Act of the proceeding.","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Legal proceedings before prescribed tribunals","content":"### sec.6 Legal proceedings before prescribed tribunals\n\nThis section applies in relation to a legal proceeding before a tribunal, other than QCAT, prescribed by regulation.\nThe judicial person prescribed by regulation for the tribunal may arrange for—\nthe recording of relevant matter in the legal proceeding under section 5 ; or\nthe transcription of a record under this Act of the legal proceeding.\nFor subsection (2) , the recording or transcription may be carried out by a member or staff of the tribunal or by someone else, including, for example, a person who also provides services to the chief executive under an arrangement mentioned in section 5A (1) .\nAlso, the judicial person prescribed by regulation for the tribunal must ensure appropriate arrangements are in place to ensure the availability to any person of—\ncopies of records under this Act; or\ncopies of transcriptions of records under this Act.\nFor subsection (4) , the copies of records or transcriptions must be available on request to—\na judicial person at no cost; and\nanother person at the cost, if any, prescribed by regulation.\nHowever, subsection (4) does not apply in relation to a copy of a record or transcription to the extent that, under this or another Act, or under an order of a court or judicial person, the copy of the record or transcription must not be made available to a person.\ns 6 prev s 6 amd 1996 No. 37 s 147 sch 2 ; 2007 No. 37 s 143 ; 2008 No. 59 s 119 sch ; 2010 No. 42 s 214 sch\nom 2013 No. 3 s 51\npres s 6 ins 2023 No. 9 s 35\n(sec.6-ssec.1) This section applies in relation to a legal proceeding before a tribunal, other than QCAT, prescribed by regulation.\n(sec.6-ssec.2) The judicial person prescribed by regulation for the tribunal may arrange for— the recording of relevant matter in the legal proceeding under section 5 ; or the transcription of a record under this Act of the legal proceeding.\n(sec.6-ssec.3) For subsection (2) , the recording or transcription may be carried out by a member or staff of the tribunal or by someone else, including, for example, a person who also provides services to the chief executive under an arrangement mentioned in section 5A (1) .\n(sec.6-ssec.4) Also, the judicial person prescribed by regulation for the tribunal must ensure appropriate arrangements are in place to ensure the availability to any person of— copies of records under this Act; or copies of transcriptions of records under this Act.\n(sec.6-ssec.5) For subsection (4) , the copies of records or transcriptions must be available on request to— a judicial person at no cost; and another person at the cost, if any, prescribed by regulation.\n(sec.6-ssec.6) However, subsection (4) does not apply in relation to a copy of a record or transcription to the extent that, under this or another Act, or under an order of a court or judicial person, the copy of the record or transcription must not be made available to a person.\n- (a) the recording of relevant matter in the legal proceeding under section 5 ; or\n- (b) the transcription of a record under this Act of the legal proceeding.\n- (a) copies of records under this Act; or\n- (b) copies of transcriptions of records under this Act.\n- (a) a judicial person at no cost; and\n- (b) another person at the cost, if any, prescribed by regulation.","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":null,"content":"### Section sec.7\n\ns 7 om 2013 No. 3 s 51","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":null,"content":"### Section sec.8\n\ns 8 amd 2010 No. 42 s 214 sch\nom 2013 No. 3 s 51","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 om 2013 No. 3 s 51","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Record and transcription to be evidence","content":"### sec.10 Record and transcription to be evidence\n\nA record under this Act of a legal proceeding is to be received by a court or judicial person as evidence of anything recorded in the record.\nA document purporting to be a transcription of a record under this Act, produced by a recorder, is to be received by a court or judicial person as evidence of anything recorded in the document, except to the extent the document is shown not to be an accurate transcription of the record.\ns 10 sub 1992 No. 40 s 163 sch 1\namd 2013 No. 3 s 52\n(sec.10-ssec.1) A record under this Act of a legal proceeding is to be received by a court or judicial person as evidence of anything recorded in the record.\n(sec.10-ssec.2) A document purporting to be a transcription of a record under this Act, produced by a recorder, is to be received by a court or judicial person as evidence of anything recorded in the document, except to the extent the document is shown not to be an accurate transcription of the record.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Depositions of witnesses","content":"### sec.11 Depositions of witnesses\n\nNotwithstanding anything to the contrary contained in any Act, rule, or practice, in all cases where it is prescribed or required by law that the deposition of a witness is to be read over to and signed by the witness, or that any evidence or other matter is to be reduced to or taken down in writing or signed, or there is some other provision of the law to the like effect, it shall be sufficient for all purposes if the deposition, evidence, or other matter, as the case may be, is recorded under this Act.\nAny reference in any Act to the deposition of any witness or to the depositions of any witnesses taken shall, where the evidence of the witness or witnesses has been recorded under this Act, be read as a reference to a transcription of that record by a recorder.\nA transcription by a recorder of a record under this Act need not be signed by the witness or by the court or judicial person in or before whom the deposition, evidence or other matter is taken or given.\ns 11 amd 1968 No. 14 s 20 ; 1992 No. 40 s 163 sch 1 ; 2005 No. 70 s 139 ; 2008 No. 59 s 122 ; 2013 No. 3 s 53\n(sec.11-ssec.1) Notwithstanding anything to the contrary contained in any Act, rule, or practice, in all cases where it is prescribed or required by law that the deposition of a witness is to be read over to and signed by the witness, or that any evidence or other matter is to be reduced to or taken down in writing or signed, or there is some other provision of the law to the like effect, it shall be sufficient for all purposes if the deposition, evidence, or other matter, as the case may be, is recorded under this Act.\n(sec.11-ssec.2) Any reference in any Act to the deposition of any witness or to the depositions of any witnesses taken shall, where the evidence of the witness or witnesses has been recorded under this Act, be read as a reference to a transcription of that record by a recorder.\n(sec.11-ssec.3) A transcription by a recorder of a record under this Act need not be signed by the witness or by the court or judicial person in or before whom the deposition, evidence or other matter is taken or given.","sortOrder":15},{"sectionNumber":"sec.11A","sectionType":"section","heading":"Retention and destruction of records","content":"### sec.11A Retention and destruction of records\n\nThis section does not apply to a record under this Act that is an out-of-session recording.\nThe record on a master recording shall not be destroyed—\nwithin the time allowed by law for instituting any appeal or application for a rehearing or review in relation to the legal proceeding in question; or\nwhere an appeal or application for a rehearing or review or otherwise in relation to the legal proceeding in question is instituted—until that appeal or application is finally determined or otherwise terminated.\nDespite subsection (2) , the record on a master recording may be destroyed if the record is a digital recording that has been replicated onto a separate data storage medium.\nA relevant court or judicial person for a legal proceeding may make—\nan order that a record under this Act of the proceeding on a master recording be retained for the period, and on the conditions, that the court or judicial person considers appropriate; or\nif a transcription of a record under this Act of the proceeding has been made, an order authorising the destruction of the record on a master recording (whether or not an order has been made under paragraph (a) ).\nAn order made under subsection (4) (a) in relation to the retention of a record that is a digital recording is taken to be satisfied if the record on the master recording has been replicated onto a separate data storage medium.\nSubject to subsection (2) and to an order made under subsection (4) , a record on a master recording, other than a record that may be destroyed under subsection (3) , may be destroyed at any time—\nafter a transcription of the record has been made; or\nbefore such a transcription has been made if—\nthe legal proceeding so recorded is not one in or before a court of record; or\nthe record is of a legal proceeding in a Magistrates Court and the record may be disposed of under a disposal authorisation given by the archivist under the Public Records Act 2023 , section 20 .\nA record on a dictation-tape may be destroyed at any time—\nafter a transcription of the record has been made; or\nas prescribed.\nIn this section—\narchivist see the Public Records Act 2023 , section 42 (1) .\nrelevant court or judicial person , for a legal proceeding, means a court in which or judicial person before whom—\nthe legal proceeding is being taken; or\nan application, appeal or other matter relating to the proceeding is being heard or may be heard.\ns 11A ins 2008 No. 59 s 123\n(2)–(7) (prev s 11(4)–(9)) renum and reloc 2008 No. 59 s 122 (7)\namd 2010 No. 42 s 214 sch ; 2013 No. 3 s 54 ; 2017 No. 6 s 72 ; 2023 No. 33 s 107 sch 5\n(sec.11A-ssec.1) This section does not apply to a record under this Act that is an out-of-session recording.\n(sec.11A-ssec.2) The record on a master recording shall not be destroyed— within the time allowed by law for instituting any appeal or application for a rehearing or review in relation to the legal proceeding in question; or where an appeal or application for a rehearing or review or otherwise in relation to the legal proceeding in question is instituted—until that appeal or application is finally determined or otherwise terminated.\n(sec.11A-ssec.3) Despite subsection (2) , the record on a master recording may be destroyed if the record is a digital recording that has been replicated onto a separate data storage medium.\n(sec.11A-ssec.4) A relevant court or judicial person for a legal proceeding may make— an order that a record under this Act of the proceeding on a master recording be retained for the period, and on the conditions, that the court or judicial person considers appropriate; or if a transcription of a record under this Act of the proceeding has been made, an order authorising the destruction of the record on a master recording (whether or not an order has been made under paragraph (a) ).\n(sec.11A-ssec.5) An order made under subsection (4) (a) in relation to the retention of a record that is a digital recording is taken to be satisfied if the record on the master recording has been replicated onto a separate data storage medium.\n(sec.11A-ssec.6) Subject to subsection (2) and to an order made under subsection (4) , a record on a master recording, other than a record that may be destroyed under subsection (3) , may be destroyed at any time— after a transcription of the record has been made; or before such a transcription has been made if— the legal proceeding so recorded is not one in or before a court of record; or the record is of a legal proceeding in a Magistrates Court and the record may be disposed of under a disposal authorisation given by the archivist under the Public Records Act 2023 , section 20 .\n(sec.11A-ssec.7) A record on a dictation-tape may be destroyed at any time— after a transcription of the record has been made; or as prescribed.\n(sec.11A-ssec.8) In this section— archivist see the Public Records Act 2023 , section 42 (1) . relevant court or judicial person , for a legal proceeding, means a court in which or judicial person before whom— the legal proceeding is being taken; or an application, appeal or other matter relating to the proceeding is being heard or may be heard.\n- (a) within the time allowed by law for instituting any appeal or application for a rehearing or review in relation to the legal proceeding in question; or\n- (b) where an appeal or application for a rehearing or review or otherwise in relation to the legal proceeding in question is instituted—until that appeal or application is finally determined or otherwise terminated.\n- (a) an order that a record under this Act of the proceeding on a master recording be retained for the period, and on the conditions, that the court or judicial person considers appropriate; or\n- (b) if a transcription of a record under this Act of the proceeding has been made, an order authorising the destruction of the record on a master recording (whether or not an order has been made under paragraph (a) ).\n- (a) after a transcription of the record has been made; or\n- (b) before such a transcription has been made if— (i) the legal proceeding so recorded is not one in or before a court of record; or (ii) the record is of a legal proceeding in a Magistrates Court and the record may be disposed of under a disposal authorisation given by the archivist under the Public Records Act 2023 , section 20 .\n- (i) the legal proceeding so recorded is not one in or before a court of record; or\n- (ii) the record is of a legal proceeding in a Magistrates Court and the record may be disposed of under a disposal authorisation given by the archivist under the Public Records Act 2023 , section 20 .\n- (i) the legal proceeding so recorded is not one in or before a court of record; or\n- (ii) the record is of a legal proceeding in a Magistrates Court and the record may be disposed of under a disposal authorisation given by the archivist under the Public Records Act 2023 , section 20 .\n- (a) after a transcription of the record has been made; or\n- (b) as prescribed.\n- (a) the legal proceeding is being taken; or\n- (b) an application, appeal or other matter relating to the proceeding is being heard or may be heard.","sortOrder":16},{"sectionNumber":"sec.11B","sectionType":"section","heading":"Access to out-of-session recording prohibited","content":"### sec.11B Access to out-of-session recording prohibited\n\nA person can not have access to a record under this Act or a transcription of the record if the record is an out-of-session recording.\nHowever, a recorder may access all recordings under this Act, including out-of-session recordings, for the purpose of carrying out a recording service.\nThis section applies despite anything to the contrary in another Act.\ns 11B ins 2008 No. 59 s 123\namd 2013 No. 3 s 55\n(sec.11B-ssec.1) A person can not have access to a record under this Act or a transcription of the record if the record is an out-of-session recording.\n(sec.11B-ssec.2) However, a recorder may access all recordings under this Act, including out-of-session recordings, for the purpose of carrying out a recording service.\n(sec.11B-ssec.3) This section applies despite anything to the contrary in another Act.","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Offences","content":"### sec.12 Offences\n\nAny person (whether a recorder or not) who—\nwilfully records or transcribes or causes any other person to record or transcribe, in a false or incorrect manner any evidence or other matter required to be recorded under this Act; or\nunless authorised by or under this Act, destroys any record under this Act; or\nwilfully alters or falsifies or causes or permits anyone to alter or falsify any record under this Act or any transcription of a record under this Act;\nshall be guilty of an indictable offence and is liable to imprisonment for 5 years.\ns 12 amd 1988 No. 88 s 4 (1) ; 1992 No. 40 s 163 sch 1 ; 2010 No. 42 s 214 sch ; 2013 No. 3 s 56\n(sec.12-ssec.2) Any person (whether a recorder or not) who— wilfully records or transcribes or causes any other person to record or transcribe, in a false or incorrect manner any evidence or other matter required to be recorded under this Act; or unless authorised by or under this Act, destroys any record under this Act; or wilfully alters or falsifies or causes or permits anyone to alter or falsify any record under this Act or any transcription of a record under this Act; shall be guilty of an indictable offence and is liable to imprisonment for 5 years.\n- (a) wilfully records or transcribes or causes any other person to record or transcribe, in a false or incorrect manner any evidence or other matter required to be recorded under this Act; or\n- (b) unless authorised by or under this Act, destroys any record under this Act; or\n- (c) wilfully alters or falsifies or causes or permits anyone to alter or falsify any record under this Act or any transcription of a record under this Act;","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Regulations","content":"### sec.13 Regulations\n\nThe Governor in Council may from time to time make regulations providing for all or any purposes, whether generally or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or convenient to carry out the objects and purposes of this Act and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency.\nWithout limiting the generality of the aforegoing provisions of this section and without derogating from the other provisions of this Act, regulations may be made for or in respect of all or any of the purposes, matters, and things following—\nproviding for and regulating and controlling the custody and manner in which records under this Act and transcriptions thereof are to be kept and the period for which or circumstances when the same are to be retained unless sooner destroyed under this Act;\nproviding for and regulating and controlling the destruction of any records under this Act (other than records that are out-of-session recordings) and providing for the keeping and future effectiveness of transcriptions of records so destroyed;\nprescribing the type and class of equipment to be used if so prescribed in the recording of any legal proceeding by mechanical means and the manner in which it is to be operated;\nproviding for and regulating and controlling the making and issuing of transcriptions or copies of any record under this Act (other than a record that is an out-of-session recording) and prescribing the persons to whom the same may be issued;\nproviding for and fixing the fees to be paid in respect of the recording of all or any legal proceedings, in respect of transcriptions and copies of transcriptions thereof, and in respect of other prescribed matters, or for any of these, and prescribing the persons by whom all or any such fees shall be payable and providing for the recovery of and exemptions from such fees;\nprescribing penalties for any contraventions of the regulations, but so that no such penalty shall exceed $200.\ns 13 amd 1968 No. 14 s 21 ; 2008 No. 59 s 124 ; 2013 No. 3 s 57\n(sec.13-ssec.1) The Governor in Council may from time to time make regulations providing for all or any purposes, whether generally or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or convenient to carry out the objects and purposes of this Act and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency.\n(sec.13-ssec.2) Without limiting the generality of the aforegoing provisions of this section and without derogating from the other provisions of this Act, regulations may be made for or in respect of all or any of the purposes, matters, and things following— providing for and regulating and controlling the custody and manner in which records under this Act and transcriptions thereof are to be kept and the period for which or circumstances when the same are to be retained unless sooner destroyed under this Act; providing for and regulating and controlling the destruction of any records under this Act (other than records that are out-of-session recordings) and providing for the keeping and future effectiveness of transcriptions of records so destroyed; prescribing the type and class of equipment to be used if so prescribed in the recording of any legal proceeding by mechanical means and the manner in which it is to be operated; providing for and regulating and controlling the making and issuing of transcriptions or copies of any record under this Act (other than a record that is an out-of-session recording) and prescribing the persons to whom the same may be issued; providing for and fixing the fees to be paid in respect of the recording of all or any legal proceedings, in respect of transcriptions and copies of transcriptions thereof, and in respect of other prescribed matters, or for any of these, and prescribing the persons by whom all or any such fees shall be payable and providing for the recovery of and exemptions from such fees; prescribing penalties for any contraventions of the regulations, but so that no such penalty shall exceed $200.\n- (b) providing for and regulating and controlling the custody and manner in which records under this Act and transcriptions thereof are to be kept and the period for which or circumstances when the same are to be retained unless sooner destroyed under this Act;\n- (c) providing for and regulating and controlling the destruction of any records under this Act (other than records that are out-of-session recordings) and providing for the keeping and future effectiveness of transcriptions of records so destroyed;\n- (d) prescribing the type and class of equipment to be used if so prescribed in the recording of any legal proceeding by mechanical means and the manner in which it is to be operated;\n- (e) providing for and regulating and controlling the making and issuing of transcriptions or copies of any record under this Act (other than a record that is an out-of-session recording) and prescribing the persons to whom the same may be issued;\n- (f) providing for and fixing the fees to be paid in respect of the recording of all or any legal proceedings, in respect of transcriptions and copies of transcriptions thereof, and in respect of other prescribed matters, or for any of these, and prescribing the persons by whom all or any such fees shall be payable and providing for the recovery of and exemptions from such fees;\n- (g) prescribing penalties for any contraventions of the regulations, but so that no such penalty shall exceed $200.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Declaratory provision for Justice and Other Legislation Amendment Act 2005","content":"### sec.14 Declaratory provision for Justice and Other Legislation Amendment Act 2005\n\nDespite section 11 (4), the destruction of the record on a master-tape before the commencement of section 11 (5) as inserted by the Justice and Other Legislation Amendment Act 2005 , section 139 is authorised if the record was a digital recording that had been replicated onto a separate data storage medium.\ns 14 prev s 14 om 1992 No. 40 s 163 sch 1\npres s 14 ins 2005 No. 70 s 140\namd 2013 No. 39 s 109 sch 2","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 ins 2007 No. 37 s 144\nom 2013 No. 3 s 58","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Transitional provision for Justice and Other Legislation Amendment Act 2008 , pt 26","content":"### sec.16 Transitional provision for Justice and Other Legislation Amendment Act 2008 , pt 26\n\nThis section applies if, before the commencement of this section—\na person has applied for a copy of a record under this Act or a transcription of the record; and\nthe person has not been issued with the copy or transcription.\nIt is declared that section 11B applies, and is taken to have always applied, in relation to the record or transcription.\ns 16 ins 2008 No. 59 s 125\n(sec.16-ssec.1) This section applies if, before the commencement of this section— a person has applied for a copy of a record under this Act or a transcription of the record; and the person has not been issued with the copy or transcription.\n(sec.16-ssec.2) It is declared that section 11B applies, and is taken to have always applied, in relation to the record or transcription.\n- (a) a person has applied for a copy of a record under this Act or a transcription of the record; and\n- (b) the person has not been issued with the copy or transcription.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Transitional provision for Classification of Computer Games and Images and Other Legislation Amendment Act 2013","content":"### sec.17 Transitional provision for Classification of Computer Games and Images and Other Legislation Amendment Act 2013\n\nThis section applies to an appointment as a shorthand reporter or recorder that was in force under section 6 immediately before the commencement.\nThe appointment ends on the commencement.\nIn this section—\ncommencement means the commencement of this section.\ns 17 ins 2013 No. 3 s 59\n(sec.17-ssec.1) This section applies to an appointment as a shorthand reporter or recorder that was in force under section 6 immediately before the commencement.\n(sec.17-ssec.2) The appointment ends on the commencement.\n(sec.17-ssec.3) In this section— commencement means the commencement of this section.","sortOrder":23}],"analysis":null,"importantCases":[],"_links":{"self":"/api/acts/recording-of-evidence-act-1962","history":"/api/acts/recording-of-evidence-act-1962/history","analysis":"/api/acts/recording-of-evidence-act-1962/analysis","conflicts":"/api/acts/recording-of-evidence-act-1962/conflicts","importantCases":"/api/acts/recording-of-evidence-act-1962/important-cases","documents":"/api/acts/recording-of-evidence-act-1962/documents"}}