289PImproper copying or dissemination of recorded statement

289P Improper copying or dissemination of recorded statement

289P Improper copying or dissemination of recorded statement

(1) A person who has possession of a recorded statement must not copy, or permit a person to copy, the recorded statement, give possession of the recorded statement to another person or publish the recorded statement, except—

(a) for the legitimate purposes of a criminal investigation or criminal proceedings, or

(b) if the person is a public official, in the proper exercise of the person’s public official functions (including any functions relating to education or training).

Maximum penalty—100 penalty units, or 2 years imprisonment, or both.

(2) This section does not permit any person, including an Australian legal practitioner who represents an accused person, to give possession of a video copy of a recorded statement to the accused person or to permit the accused person to copy or obtain a copy of a recorded statement.

(3) In this section, a reference to a recorded statement includes a reference to any copy of a recorded statement made for the purposes of the proceedings.

(4) An offence under this section is to be dealt with summarily.

(5) In this section—

public official has the same meaning as in the Independent Commission Against Corruption Act 1988.

publish means disseminate or provide access to one or more persons by means of the internet, radio, television or other media.