Section 15YM — Crimes Act 1914: Use of video or audio recordings of interviews

(1) A video or audio recording of an interview of a person to whom subsection (1A) applies in a proceeding may be admitted as evidence in chief if a constable, or a person of a kind specified in the regulations, conducted the interview. (1A) This subsection applies to the following persons: (a) for a child proceeding—a child witness; (b) for a vulnerable adult proceeding—a vulnerable adult complainant; (c) for a special witness proceeding—a special witness for whom an order under subsection 15YAB(3) is in force for this section. (2) However, a recording that is an audio recording only must not be admitted under subsection (1) unless the court is satisfied that extraordinary circumstances require the use of audio recording only. (4) Subject to Divisions 2A and 3, if a video or audio recording of an interview of a person is admitted as evidence in chief under subsection (1), the person must be available for cross-examination and re-examination. Note 1: Division 4 provides for this evidence to be given using closed-circuit television or other arrangements. Note 2: Division 3 imposes limitations on cross-examinations. For example, a person is not to cross-examine certain persons at committal proceedings or proceedings of a similar kind—see section 15YHA. Offence (5) A person commits an offence if: (a) the person: (i) makes a recording (or other copy) of a recording, or a part of a recording, to which subsection (1) applies; or (ii) does anything (whether directly or indirectly) to damage or alter a recording, or a part of a recording, to which subsection (1) applies; or (iii) possesses or supplies a recording, or a part of a recording, to which subsection (1) applies; or (iv) possesses or supplies a copy of a recording, or a part of a recording, to which subsection (1) applies; and (b) the person does so without lawful authority or excuse. Penalty: Imprisonment for 12 months or 60 penalty units, or both. (6) The fault element for paragraph (5)(a) is intention.