Evidence (Children and Special Witnesses) Act 2001
7CUnauthorised possession or dealing in video-taped evidence
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7C Unauthorised possession or dealing in video-taped evidence
[Section 7C Inserted by No. 63 of 2013, s. 9, Applied:01 Mar 2014]
(1) A person must not, without authority –
(a) have an audio visual recording of evidence in his or her possession; or
(b) supply, or offer to supply, an audio visual recording of evidence to any person.
Penalty: Fine not exceeding 50 penalty units.
(2) A person must not, without authority, play, copy or erase, or permit a person to copy or erase, an audio visual recording of evidence.
Penalty: Fine not exceeding 50 penalty units.
(3) A person has authority for the purposes of subsection (1) or (2) only if he or she has possession of an audio 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 –
(i) the proceeding for which the recording was made; or
(ii) any proceeding where the audio visual recording has been admitted into evidence pursuant to section 7B ; or
(iii) any resulting proceeding by way of appeal; or
(ab) [Section 7C Subsection (3) amended by No. 29 of 2019, s. 15, Applied:02 Oct 2019] in the case of a police officer, or any other person as authorised by the Commissioner of Police, for a purpose connected with the training and evaluation of a police officer who was involved in the making of the audio visual recording; or
(b) [Section 7C Subsection (3) amended by No. 14 of 2025, s. 4, Applied:16 Jun 2025] in any other case, as authorised by a Crown Law Officer, a judge, the Associate Judge of the Supreme Court, or the Registrar of the Supreme Court, for a purpose connected with –