11Use of electronic and recording devices in principal court premises

11 Use of electronic and recording devices in principal court premises

(1)  In this section –

principal court premises means –

(a) a courtroom; and

(b) a part of premises, or a place, being used to enable a person at a different location to appear before the court by means of audio, or audio-visual, communication; and

(c) a place at which a view, hearing or the taking of evidence is being carried out in relation to proceedings before a court;

relevant restrictions or permissions means –

(a) directions given by a judicial officer or security officer; and

(b) any guidelines or practice directions issued or given by a judicial officer or under an Act;

use, in relation to an electronic device or a recording device, includes record, transmit and record and transmit.

(2)  A person must not use an electronic device, or a recording device, in principal court premises.

Penalty:  Fine not exceeding 50 penalty units.

(3)  Subsection (2) does not apply in respect of the use of an electronic device, or a recording device, in principal court premises by –

(a) a judicial officer; or

(b) a person employed or engaged by or on behalf of the Crown for the purposes of the court.

(4)  Subsection (2) does not apply in respect of the use of an electronic device, or a recording device, if –

(a) the use of the device has been expressly permitted by a judicial officer and is in accordance with the relevant restrictions or permissions; or

(b) the use is in accordance with the relevant restrictions or permissions and is made by –

(i) an Australian legal practitioner, a prosecutor or an officer of the court, for the purpose of conducting his or her work as such a practitioner, prosecutor or officer; or