QLDIn ForceAct
Recording of Evidence Act 1962
sec.4Definitions
Start here
Get a plain-English read of sec.4
Turn the raw legal text into a practical explanation grounded in Recording of Evidence Act 1962.
### sec.4 Definitions
In this Act—
court includes the Supreme Court and any judge thereof, a District Court and any judge thereof, the Industrial Court, a Magistrates Court, and any court or tribunal established and constituted by or under any law of this State.
s 4 def court amd 2013 No. 3 s 49 (3)
courtroom means any room in which a judicial person sits or is likely to sit for the purposes of a legal proceeding.
s 4 def courtroom ins 2008 No. 59 s 120 (2)
dictation-tape means a medium (other than a master recording) containing the record or any part of the record made under this Act by mechanical means of a legal proceeding.
s 4 def dictation-tape ins 1968 No. 14 s 19 (a)
amd 2013 No. 3 s 49 (4)
judicial person includes any judge, magistrate, industrial magistrate, justice, or coroner, and any arbitrator, commissioner, officer, registrar, or other person or body having by law or by consent of parties authority to hear or receive evidence or examine witnesses or other persons.
s 4 def judicial person amd 2005 No. 70 s 138 (1) ; 2013 No. 3 s 49 (5)
legal proceeding includes any proceeding (whether civil or criminal) in or before any court, any proceeding before justices, and any proceeding before any court or person (including any inquiry, arbitration heard by the industrial commission, or examination) in which evidence is or may be given, as well as any part of any legal proceeding.
s 4 def legal proceeding amd 2013 No. 3 s 49 (6) – (6A) ; 2013 No. 35 s 160
master recording means the medium containing a complete record under this Act of a legal proceeding.
s 4 def master recording ins 2013 No. 3 s 49 (2)
master-tape ...
s 4 def master-tape ins 1968 No. 14 s 19 (b)
om 2013 No. 3 s 49 (1)
mechanical means , in relation to the recording under this Act of any legal proceeding, means the recording by recording equipment.
s 4 def mechanical means amd 2008 No. 59 s 120 (3)
medium means a disc, tape or other thing from which a record under this Act may be reproduced.
s 4 def medium ins 2013 No. 3 s 49 (2)
Minister ...
s 4 def Minister sub 1990 No. 80 s 3 sch 6
om 1992 No. 40 s 163 sch 1
out-of-session recording means a recording of matter that—
takes place in a courtroom that is equipped with recording equipment to be used for the purposes of this Act; and
is made by that recording equipment; and
is made when no legal proceeding is taking place in the courtroom.
s 4 def out-of-session recording ins 2008 No. 59 s 120 (2)
recorder means a person who carries out a recording service.
s 4 def recorder sub 2013 No. 3 s 49 (1) – (2)
recording equipment means a tape recording machine or any mechanical, electronic or other device for recording matter.
s 4 def recording equipment ins 2008 No. 59 s 120 (2)
recording service means—
the recording of relevant matter in a legal proceeding under section 5 ; or
the transcription of a record under this Act under an arrangement under section 5A , 5C or 6 ; or
the transcription of a record under this Act by a public service employee in the department.
s 4 def recording service ins 2013 No. 3 s 49 (2)
amd 2023 No. 9 s 31
record under this Act —
in relation to a legal proceeding taking place in a courtroom—means the evidence (if any) and other matter (if any) recorded under section 5 and includes, if the record on a master recording is a digital recording, a replication of the record onto a separate data storage medium; or
if no legal proceeding is taking place in a courtroom—means matter recorded in an out-of-session recording.
s 4 def record under this Act amd 2005 No. 70 s 138 (2) ; 2008 No. 59 s 120 (4) – (5) ; 2013 No. 3 s 49 (7)
shorthand reporter ...
s 4 def shorthand reporter om 2013 No. 3 s 49 (1)
tape ...
s 4 def tape ins 1968 No. 14 s 19 (c)
om 2013 No. 3 s 49 (1)
transcription , in relation to any record under this Act, means the transcription to longhand writing, typewriting or other mode of the record.
s 4 amd 2008 No. 59 s 120 (1)
- (a) takes place in a courtroom that is equipped with recording equipment to be used for the purposes of this Act; and
- (b) is made by that recording equipment; and
- (c) is made when no legal proceeding is taking place in the courtroom.
- (a) the recording of relevant matter in a legal proceeding under section 5 ; or
- (b) the transcription of a record under this Act under an arrangement under section 5A , 5C or 6 ; or
- (c) the transcription of a record under this Act by a public service employee in the department.
- (a) in relation to a legal proceeding taking place in a courtroom—means the evidence (if any) and other matter (if any) recorded under section 5 and includes, if the record on a master recording is a digital recording, a replication of the record onto a separate data storage medium; or
- (b) if no legal proceeding is taking place in a courtroom—means matter recorded in an out-of-session recording.