Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_174j
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 174J
Character Range: 244146–245748

174J  Recorded statement—offence to publish
 (1) A person commits an offence if the person:
 (a) publishes a recorded statement; and
 (b) does not have authority to publish the recorded statement.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
 (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:
 (a) the investigation of, or a proceeding for, an offence in relation to which the recorded statement is prepared; or
 (b) a re‑hearing, re‑trial or appeal in relation to the proceeding; or
 (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:
 (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and
 (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.
 (3) In this section:
person includes the complainant in relation to the recorded statement.
publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.

Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order