sec.7Admissibility of evidence

sec.7 Admissibility of evidence

A record of evidence taken pursuant to an order made under section 4 or 5 , including all documents adduced upon the taking of the evidence and furnished with the record, shall, upon its receipt in Queensland, be held in the custody of the court that made the order. Subject to subsections (3) and (4) , the evidence or a record of the evidence that appears, by certification or otherwise, to have been taken pursuant to an order made under section 4 or 5 is admissible as evidence of the matters contained therein— in the court proceeding in which the order was made under section 4 and in any proceeding arising out of or in connection with that proceeding; in the examination of witnesses in relation to an indictable offence for the purposes of which the order was made under section 5 and in any proceeding arising out of or in connection with that examination; in any examination of witnesses in relation to an indictable offence or other proceeding arising out of or in connection with the investigation for the purposes of which the order was made under section 5 and in any proceeding arising out of or in connection with that examination or other proceeding. The evidence or record of evidence is not admissible in a particular proceeding or examination of witnesses if— it appears to the court conducting the proceeding or the justice conducting the examination that the person whose evidence it is is in Queensland and is able to attend the hearing; or the evidence would not have been admissible had it been given or produced by a witness at the hearing. If it appears in the interests of justice to do so, the court conducting a proceeding or the justice conducting an examination of witnesses may, in its, his or her discretion, exclude from the proceeding or examination evidence taken in an examination held pursuant to an order made under section 4 or 5 notwithstanding that it is otherwise admissible. Such evidence shall not be excluded by reason only that there appear to be technical defects— in proceedings leading to the making of the order; or in the commission or letter of request issued pursuant to the order; or in proceedings taken to given effect to the commission or letter of request. In this section a reference to evidence taken pursuant to an order includes reference to— a document produced at the examination conducted pursuant to the order and any facsimile or other copy of such a document; and answers made, in writing or orally and reduced to writing, to any written interrogatories presented at the examination conducted pursuant to the order. A document that pursuant to this section is admissible in evidence in any proceeding or examination of witnesses, where it is a facsimile or other copy of an original, shall nevertheless be admissible in evidence and be treated in the proceeding or examination as if it were the original of which it is a copy. A copy of evidence or a record of evidence taken pursuant to an order made under section 5 for the purposes of an investigation concerning the commission of an indictable offence and held in the custody of a court in Queensland may be furnished by the proper officer of the court to a police officer who is conducting the investigation, upon the police officer’s request. (sec.7-ssec.1) A record of evidence taken pursuant to an order made under section 4 or 5 , including all documents adduced upon the taking of the evidence and furnished with the record, shall, upon its receipt in Queensland, be held in the custody of the court that made the order. (sec.7-ssec.2) Subject to subsections (3) and (4) , the evidence or a record of the evidence that appears, by certification or otherwise, to have been taken pursuant to an order made under section 4 or 5 is admissible as evidence of the matters contained therein— in the court proceeding in which the order was made under section 4 and in any proceeding arising out of or in connection with that proceeding; in the examination of witnesses in relation to an indictable offence for the purposes of which the order was made under section 5 and in any proceeding arising out of or in connection with that examination; in any examination of witnesses in relation to an indictable offence or other proceeding arising out of or in connection with the investigation for the purposes of which the order was made under section 5 and in any proceeding arising out of or in connection with that examination or other proceeding. (sec.7-ssec.3) The evidence or record of evidence is not admissible in a particular proceeding or examination of witnesses if— it appears to the court conducting the proceeding or the justice conducting the examination that the person whose evidence it is is in Queensland and is able to attend the hearing; or the evidence would not have been admissible had it been given or produced by a witness at the hearing. (sec.7-ssec.4) If it appears in the interests of justice to do so, the court conducting a proceeding or the justice conducting an examination of witnesses may, in its, his or her discretion, exclude from the proceeding or examination evidence taken in an examination held pursuant to an order made under section 4 or 5 notwithstanding that it is otherwise admissible. (sec.7-ssec.4A) Such evidence shall not be excluded by reason only that there appear to be technical defects— in proceedings leading to the making of the order; or in the commission or letter of request issued pursuant to the order; or in proceedings taken to given effect to the commission or letter of request. (sec.7-ssec.5) In this section a reference to evidence taken pursuant to an order includes reference to— a document produced at the examination conducted pursuant to the order and any facsimile or other copy of such a document; and answers made, in writing or orally and reduced to writing, to any written interrogatories presented at the examination conducted pursuant to the order. (sec.7-ssec.6) A document that pursuant to this section is admissible in evidence in any proceeding or examination of witnesses, where it is a facsimile or other copy of an original, shall nevertheless be admissible in evidence and be treated in the proceeding or examination as if it were the original of which it is a copy. (sec.7-ssec.7) A copy of evidence or a record of evidence taken pursuant to an order made under section 5 for the purposes of an investigation concerning the commission of an indictable offence and held in the custody of a court in Queensland may be furnished by the proper officer of the court to a police officer who is conducting the investigation, upon the police officer’s request.