316Record of proceedings

316 Record of proceedings (1) In this section: deposition includes a statement made by an accused person in reply to the question mentioned in section 91 (1), but does not include a written statement admitted under section 90AA or section 110 (2).

(2) Subject to subsection (3), a record of the depositions of a witness in any proceeding must be made— (a) in a proceeding in relation to bail and if, in relation to proceeding or a part of the proceeding, the court has given a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 20 (1) (Territory courts may take evidence and submissions from participating States) or section 32 (1) (Territory courts may take evidence and submissions from another place) that evidence be taken or a submission be made by audiovisual link—by means of audiovisual recording apparatus or sound-recording apparatus; and (b) in any other case— (i) by means of sound-recording apparatus; or (ii) if the court so directs, by means of shorthand or any similar means. (3) If the court so directs, the depositions of a witness in any proceeding must not be recorded in accordance with subsection (2), but must be taken down in writing, and, after being read over to the witness or given to the witness to read, signed by the witness and the magistrate constituting the court. (4) The registrar has the custody of any record of depositions made in accordance with subsection (2). (5) The registrar may erase the record of the depositions of a witness recorded by means of recording apparatus and the record of any other part of a proceeding made by means of recording apparatus after the end of 7 years after the date of completion of the proceeding in which the record was made.

(6) However, the sound recording of any part of the following proceedings must not be erased unless a transcript of the record of that part of the proceeding has been prepared: (a) a proceeding in which a person charged with an indictable offence is committed to trial before the Supreme Court; (b) a proceeding in which evidence is taken under a request mentioned in section 263 (Requests under conventions relating to legal proceedings in civil and commercial matters). (7) This section applies in relation to a proceeding before a magistrate as if a reference to the court were a reference to a magistrate.