67G

Interpretation and application

In force

(1)

In this Division—

access—a person gives another person access to sensitive material if the person—

(a)

allows the other to view the material; or

(b)

gives the other a copy of the material; or

(c)

gives the other a tape, disk or device from which the material may be produced or reproduced; or

(d)

transmits the material, or a copy of the material, to the other in the form of computer data;

conditions of access—see section 67I(4);

criminal investigation means the investigation of an offence, or alleged offence;

criminal proceedings means proceedings against a person for an offence (whether summary or indictable), including the following:

(a)

committal proceedings for an indictable offence;

(b)

proceedings relating to bail;

(c)

proceedings for the trial of an offence;

(d)

proceedings relating to sentencing;

(e)

proceedings on an appeal against conviction or sentence;

private act means—

(a)

a sexual act; or

(b)

an act involving an intimate bodily function such as using a toilet; or

(c)

an activity involving nudity or exposure or partial exposure of sexual organs, pubic area, buttocks or female breasts;

prosecuting authority means—

(a)

in relation to criminal proceedings—the Director of Public

Prosecutions, a delegate of the Director of Public Prosecutions, a police officer, or any other person acting in a public official capacity, who is responsible for commencing or conducting a prosecution; and

(b)

in relation to a criminal investigation—a police officer or any other person acting in a public official capacity who is responsible for conducting a criminal investigation;

public official means—

(a)

a police officer; or

(b)

a person who holds an office or position in the employment of the

State or an instrumentality or agency of the State; or

(c)

any person classified by regulation as a public official;

restricted access to sensitive material means access subject to conditions imposed under this Division;

sensitive material has the meaning given by section 67H;

sensitive material notice—see section 67I;

unrestricted access to sensitive material means access that is not subject to conditions imposed under this Division.

(2)

In this Division, a reference to a prosecuting authority includes a reference to a legal practitioner representing the prosecuting authority.

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.