Unauthorised possession or dealing in video‑taped evidence
106MA Unauthorised possession or dealing in video‑taped evidence
A person commits an offence who, without authority —
has a visual recording of evidence in his possession; or
supplies or offers to supply a visual recording of evidence to any person.
A person commits an offence who, without authority plays, copies, erases or permits a person to copy or erase a visual recording of evidence.
A person has authority for the purposes of subsection (1) or (2) only if he or she has possession of a visual recording of evidence or does anything mentioned in subsection (1) or (2), as the case may be —
in the case of a public official, for a purpose connected with the proceeding for which the recording was made or any resulting proceeding by way of appeal; or
in any other case, as authorised by a judge under section 106K or 106RA.
A person who commits an offence against this section is liable to a fine of $5 000.
[Section 106MA inserted: No. 53 of 1992 s. 40; amended: No. 46 of 2004 s. 14(4) and 22(3); No. 84 of 2004 s. 41.]
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