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s 74EA

Application and interpretation

In force
Part 17Recording of interviews
Division 3Recording interviews with certain vulnerable witnesses

74EA Application and interpretation

(1)

This

Division applies to a person being interviewed as a potential witness who is—

(a)

a child of or under the age of 14 years; or

(b)

a person with a disability that adversely affects the person's capacity to give a coherent account of the person's experiences or to respond rationally to questions.

(1a)

This

Division also applies to a person (not being a person described in subsection (1)) who is being interviewed as the victim of an alleged child sexual offence.

(2)

In this Division—

child sexual offence means a sexual offence committed in relation to a person under the age of 18 years;

serious offence against the person means—

(a)

murder or attempted murder; or

(b)

manslaughter or attempted manslaughter; or

(c)

a sexual offence; or

(d)

(ai)

an offence of criminal neglect under section 14 of the Criminal

Law Consolidation Act 1935;

or

(i)

an offence of stalking and harassment under section 19AA of the

Criminal

Law Consolidation Act 1935;

or

(ii)

an offence of causing serious harm under section 23 of the

Criminal

Law Consolidation Act 1935;

or

(iia)

an offence of causing harm under section 24 of the Criminal

Law Consolidation Act 1935;

or

(iii)

an offence involving an unlawful threat to kill or endanger life; or

(iv)

an offence involving abduction; or

(v)

an offence involving blackmail; or

(vi)

an attempt to commit, or assault with intent to commit, any of the offences in the preceding subparagraphs; or

(e)

an offence of contravening or failing to comply with an intervention order under the Intervention

Orders (Prevention of Abuse) Act 2009;

or

(f)

an offence of contravening or failing to comply with a restraining order under the Summary

Procedure Act 1921;

sexual offence means—

(a)

rape;

or

(b)

compelled sexual manipulation; or

(c)

indecent assault; or

(d)

any offence involving unlawful sexual intercourse or an act of gross indecency; or

(e)

incest;

or

(f)

any offence involving sexual exploitation or abuse of a child, or exploitation of a child as an object of prurient interest; or

(g)

an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal

Law Consolidation Act 1935;

or

(h)

any attempt to commit, or assault with intent to commit, any of the foregoing offences.

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