sec.39DRecording evidence

### sec.39D Recording evidence The court or court officer must ensure that, if practicable, evidence given at an examination in Queensland is recorded under the Recording of Evidence Act 1962 or recorded in another way and authenticated by the court or court officer. Subsection (1) applies despite the Recording of Evidence Act 1962 , section 5 . The Recording of Evidence Act 1962 , section 5 , requires evidence given in a legal proceeding to be recorded under that Act, subject to any direction given by the court in which, or judicial person before whom, the legal proceeding is being taken. The court or court officer must authenticate and sign any deposition or other recording. If evidence given at an examination is recorded in a deposition, it must— contain, in question and answer form, the evidence of the person examined; and be transcribed and read over by or to the person in the court’s and court officer’s presence and in the presence of the parties who wish to attend; and be signed by the person, or, if the person refuses to sign the deposition, by the court or court officer for the person. The court or court officer may impose on the person being examined the conditions (if any) that the court or court officer reasonably considers necessary to prevent improper disclosure of the record. s 39D ins 2004 No. 43 s 36 amd 2009 No. 2 s 18 ; 2013 No. 3 s 61 sch 2 (sec.39D-ssec.1) The court or court officer must ensure that, if practicable, evidence given at an examination in Queensland is recorded under the Recording of Evidence Act 1962 or recorded in another way and authenticated by the court or court officer. (sec.39D-ssec.1A) Subsection (1) applies despite the Recording of Evidence Act 1962 , section 5 . The Recording of Evidence Act 1962 , section 5 , requires evidence given in a legal proceeding to be recorded under that Act, subject to any direction given by the court in which, or judicial person before whom, the legal proceeding is being taken. (sec.39D-ssec.2) The court or court officer must authenticate and sign any deposition or other recording. (sec.39D-ssec.3) If evidence given at an examination is recorded in a deposition, it must— contain, in question and answer form, the evidence of the person examined; and be transcribed and read over by or to the person in the court’s and court officer’s presence and in the presence of the parties who wish to attend; and be signed by the person, or, if the person refuses to sign the deposition, by the court or court officer for the person. (sec.39D-ssec.4) The court or court officer may impose on the person being examined the conditions (if any) that the court or court officer reasonably considers necessary to prevent improper disclosure of the record. - (a) contain, in question and answer form, the evidence of the person examined; and - (b) be transcribed and read over by or to the person in the court’s and court officer’s presence and in the presence of the parties who wish to attend; and - (c) be signed by the person, or, if the person refuses to sign the deposition, by the court or court officer for the person.