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s 81J

Recorded statement—offence to publish

In force
Chapter 4Sexual, violent and family violence offence proceedings
Part 4.5Special requirements—family violence offence proceedings
Division 4.5.2Family violence offence proceedings—recorded statement of police interview

81J 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.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(2)

For 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 an application for a protection order under the Family Violence Act 2016 if—

(i)

the affected person in relation to the application for the protection order is the complainant in relation to the recorded statement; and

(ii)

the respondent to the application for the protection order is the person against whom the family 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.

Division 4.5.3 Recorded statement of police interview admissible as evidence—application for protection order

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