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reg 17

Retention and destruction of recordings and copies

In force

17 Retention and destruction of recordings and copies

(1)

The registrar or prothonotary (as the case requires) must—

(a)

retain in safe custody for the period specified in subregulation (2)—

(i)

the original recording of any Division 6 recording; and

(ii)

if the original recording has been edited for use in a proceeding referred to in Division 6 of Part 8.2 of the Act, a copy of the edited recording; and

(b)

ensure that any other copies of the recording are destroyed no later than 12 months after the latest of—

(i)

the conclusion of any proceeding in which the recording was proposed to be, or was, used in evidence; or

(ii)

the expiry of the appeal period; or

(iii)

the conclusion of any proceeding of a kind referred to in section 374(2) of the Act in which the recording was proposed to be, or was, used in evidence.

(2)

For the purposes of subregulation (1)(a), the period is 10 years after the latest of—

(a)

the conclusion of any proceeding in which the recording was proposed to be, or was, used in evidence; or

(b)

the expiry of the appeal period; or

(c)

the conclusion of any proceeding of a kind referred to in section 374(2) of the Act in which the recording was proposed to be, or was, used in evidence.

Pt 3A (Heading and regs 17A, 17B) inserted by S.R. No. 104/2025 reg. 11.

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