Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_174a
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 174A
Character Range: 238148–239491

174A  Recorded statement—may be admitted as evidence
 (1) A recorded statement may:
 (a) be played at the hearing of a proceeding for the domestic violence offence to which it relates; and
 (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant's evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.
 (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.
 (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.
 (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.
 (5) To remove any doubt, if a recorded statement is admitted as part of a complainant's evidence in chief in a proceeding, the complainant may give further evidence in chief.
 (6) This section is subject to section 174F (recorded statement—admissibility).