Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_170d
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 170D
Character Range: 220965–222500

170D  Form in which record of original evidence of complainant is to be tendered
 (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.
 (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:
 (a) an audiovisual recording of the evidence; or
 (b) if an audiovisual recording of the evidence is not available—an audio recording of the evidence; or
 (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.
 (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.
 (4) A record of any evidence given by a complainant is properly authenticated for the purposes of this section if:
 (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or
 (b) the record has been authenticated by the person or body responsible for producing the record.