43Evidence of monitoring device record

43 Evidence of monitoring device record

(1) A monitoring device record is not admissible in evidence in any criminal proceedings unless: (a) the proceedings are proceedings for: (i) an offence against section 40 or 41 of this Act; (ii) an offence against section 6 of the Crimes Act 1914, or an offence against section 11.1, 11.4 or 11.5 of the Criminal Code, being an offence that relates to an offence referred to in subparagraph (i) of this paragraph; or (iii) an offence punishable by imprisonment for a period of not less than 3 years; or (b) the record is adduced by the defendant. (2) Nothing in this section affects the admissibility in any civil proceedings of a monitoring device record.