Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_168j
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 168J
Character Range: 203987–205080

168J  Audiovisual recording—admissibility
 (1) An audiovisual recording is admissible in a sexual or violent offence proceeding only if:
 (a) notice is given under section 168F; and
 (b) a copy of a transcript of the recording is given to the accused person, or the person's lawyer, a reasonable time before the start of the hearing of the proceeding; and
 (c) the accused person, and the person's lawyer, are given a reasonable opportunity to see and listen to the recording.
 (2) However, if the prosecutor fails to give notice under section 168F, the audiovisual recording is admissible if:
 (a) a copy of a transcript of the recording is given to the accused person, or the person's lawyer, a reasonable time before the start of the hearing of the proceeding; and
 (b) the accused person, and the person's lawyer, are given a reasonable opportunity to see and listen to the recording; and
 (c) the court considers it is in the interests of justice to admit the recording.
 (3) This section does not prevent the parties consenting to the admission in evidence of an audiovisual recording.