Section 51(1) of the Evidence (Miscellaneous Provisions) Act 1991 (ACT) is to be evaluated from the perspective of the proceeding in which the recording is sought to be relied upon, not what was in contemplation at the time of the interview. A police interview recording may qualify as an 'audiovisual recording' even where the interview was conducted in relation to the investigation of a different offence, provided the answers given have a sufficient relationship to the investigation of an offence the subject of the proceeding. The threshold for a s 165(1)(d) warning requires evidence that is itself sufficiently reliable to support a reasonable supposition that the witness was criminally concerned in the events.
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