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Magistrates Court Act 1930
315Applications for transcripts
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315 Applications for transcripts
(1) Subject to this section, if a record of any proceeding is constituted
by—
(a) an audiovisual or a sound recording made in accordance with
section 316 (2); or
(b) a shorthand or similar record made in accordance with
section 316 (2); or
(c) writing taken down in accordance with section 316 (3); or
(d) a written statement or statements in accordance with
section 90AA or section 110 (2);
a person may make application to the registrar for a copy or a
transcript of all or part of the record.
(2) The registrar must give the applicant a copy of the record or a
transcript or a copy of the transcript of the record if—
(a) the applicant is a party to the proceeding; or
(b) for an applicant who is not a party to the proceeding—the
registrar or a magistrate is satisfied that the applicant has good
reason for applying.
(3) If a person applies for a transcript that has not been prepared, the
registrar may require the applicant to deposit with the registrar in
advance an amount that the registrar considers will not exceed the
amount of the fee determined under the Court Procedures Act 2004,
part 3 for the preparation of the transcript.
(4) Subject to subsections (5) and (6), if the registrar receives an
application in accordance with this section—
(a) the registrar must, for an application relating to depositions; and
(b) the registrar may, in any other case;
give to the applicant a copy of the record or a copy of a transcript of
the record relating to the depositions or other matter.
(5) The registrar must not give a copy of the record or a copy of a
transcript under subsection (4) (a) unless there is written on the copy
a certificate signed by the registrar stating that the copy is a true copy
of the record or a true copy of a transcript of the record produced out
of the custody of the registrar.
(6) This section does not require the registrar to give a copy of a transcript
of any proceeding if—
(a) the proceeding was recorded by means of an audiovisual or a
sound recording made in accordance with section 316 (2); and
(b) the application for the copy was made after the end of 7 years
after the date of completion of the proceeding to which the
record relates; and
(c) the registrar does not have the record or a transcript of the record
in his or her custody.
(7) If an amount deposited by a person under subsection (3) exceeds the
fee determined under the Court Procedures Act 2004, part 3 for the
preparation of the transcript, there is payable to the person the amount
of the excess.