Criminal Code Act 1899

The prosecution is not, for a relevant proceeding, required under this chapter division to give the accused person a copy of an Evidence Act section 93A device statement (the statement) other than as required under this section.

If—

apart from this section, the prosecution would have to give the accused person a copy of the statement; and

the prosecution does not give the accused person a copy of the statement;

then the prosecution must give the accused person a written notice—

describing the statement; and

stating that the prosecution—

considers the statement to be an Evidence Act section 93A device statement; and

is not required to give the accused person a copy of the statement other than as required under this section; and

stating the matters mentioned in subsection (3) or (6), whichever is applicable.

If the accused person has a lawyer acting for him or her, the notice must state that the prosecution will give a lawyer acting for the accused person a copy of the statement (the copy) on the following conditions—

that the lawyer must not give the copy to the accused person or anyone else other than the following—

a lawyer acting for the accused person or to whom the copy is referred for particular advice;

a person, other than a lawyer, to whom the copy is referred for particular expert advice;

an associate of the lawyer to the extent necessary for work to be done for the lawyer in relation to the relevant proceeding or a proceeding for a relevant charge in the ordinary practice of the law;

that any lawyer acting for the accused person, other than the lawyer to whom the prosecution gives the copy, must not give the copy to the accused person or anyone else other than the persons mentioned in paragraph (a)(ii) or (a)(iii);

that a person who is given the copy under paragraph (a) or (b), other than a lawyer mentioned in the paragraph, must not give the copy to the accused person or anyone else who is not a lawyer acting for the accused person;

that the copy held by the lawyer to whom it was given by the prosecution, or held by anyone else to whom the copy has been given under this section—

must not be copied; and

must be returned to the prosecution within 14 days after—

the lawyer or other person stops being someone who may be given the copy under this section; orExample—A lawyer may stop acting for the accused person.

the end of the proceedings for the relevant charge;

that the copy may only be given to another person in accordance with the conditions mentioned in paragraphs (a) to (d) for a legitimate purpose connected with the relevant proceeding or a proceeding for a relevant charge.

If the original statement is a visual image device and the copy to be given by the prosecution under the notice is only a sound device, the court may direct the prosecution to give a copy that is a visual image device.

The court may make a direction under subsection (4) only if it is satisfied the terms of the direction can ensure—

the copy will only be viewed for a legitimate purpose connected with the relevant proceeding; and

there is no unauthorised copying or circulation of the copy.

If the accused person does not have a lawyer acting for him or her, the notice must state that—

the prosecution will not give the statement (whether the original or copy) to the accused person; and

the prosecution will, on request, allow an appropriate person to view the statement, either the original or a copy as stated in the notice for the purposes of the relevant proceeding at a stated place.

If the prosecution refuses to accept a person, nominated by the accused person under paragraph (c) of the definition appropriate person, as an appropriate person for subsection (6)(b), the court may direct the prosecution to accept the person as an appropriate person for subsection (6)(b), subject to the conditions the court considers appropriate.

The court may make the direction under subsection (7) only if the court is satisfied the terms of the direction can ensure—

the statement will only be viewed for a legitimate purpose connected with the relevant proceeding; and

there is no unauthorised copying or circulation of the statement; and

if the original statement is to be viewed—the integrity of the statement is protected.

For the Evidence Act 1977, section 93AA(2)(a), it is declared that an act done in contravention of a condition imposed by a notice under subsection (3) or a direction under subsection (5) or (7) is not done for a legitimate purpose related to the relevant proceeding.

For subsection (3)(d)(i) or (8)(b), it is declared that the making of a transcript of the contents of the statement is not the making of a copy of the statement to which the Evidence Act 1977, section 93AA(1)(c) applies.

In this section—appropriate person means—

the accused person; or

a lawyer mentioned in the Evidence Act 1977, section 21O(4); or

another person engaged by the accused person if the prosecution or court considers it is appropriate for the other person to view the thing.Examples of persons prosecution may consider appropriate—

• interpreter

• expert

copy, of the statement, in subsections (3) and (6) means a copy of the original statement in the form of—

a device of similar function to the original device containing a copy of the statement; or

if the original statement is in the form of a visual image device—any sound device capable of reproducing a soundtrack of the visual image device;

and includes any additional copy provided by the prosecution for convenience.sound device means a device mentioned in section 590AFA(b)(i).visual image device means a device mentioned in section 590AFA(b)(ii). sch 1 pt 8 ch 62 ch div 3 ch sdiv D s 590AOA ins 2008 No. 55 s 113