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Evidence (Miscellaneous Provisions) Act 1991
81JRecorded statement—offence to publish
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81J Recorded statement—offence to publish
(1) A person commits an offence if the person—
(a) publishes a recorded statement; and
(b) does not have authority to publish the recorded statement.
(2) For this section, a person has authority to publish a recorded
statement only if the person publishes the recorded statement in
connection with—
(a) the investigation of, or a proceeding for, an offence in relation
to which the recorded statement is prepared; or
(b) a re-hearing, re-trial or appeal in relation to the proceeding; or
(c) a proceeding for an application for a protection order under the
Family Violence Act 2016 if—
(i) the affected person in relation to the application for the
protection order is the complainant in relation to the
recorded statement; and
(ii) the respondent to the application for the protection order is
the person against whom the family violence offence, the
subject of the recorded statement, is alleged.
Division 4.5.3 Recorded statement of police interview admissible as evidence—
application for protection order
person includes the complainant in relation to the recorded statement.
publish means communicate or disseminate information in a way or
to an extent that makes it available to, or likely to come to the notice
of, the public or a section of the public or anyone else not lawfully
entitled to the information.
Division 4.5.3 Recorded statement of police
interview admissible as evidence—
application for protection order