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COURT SECURITY ACT 2013 - SECT 39

Offence--making an unauthorised recording or transmission on court premises

             (1)  A person in a building that is wholly court premises, or on court premises that are merely part of a building, must not make a recording or transmission of sound, or of one or more still or moving images, associated with:

                     (a)  proceedings in a court; or

                     (b)  an event associated with proceedings or proposed proceedings in a court.

Penalty:  30 penalty units.

             (2)  Subsection (1) does not apply to any of the following:

                     (a)  a recording or transmission expressly permitted by a member of the court;

                     (b)  a recording or transmission associated with an event described in paragraph (1)(b) and expressly permitted by the administrative head of the court;

                     (c)  a recording or transmission that relates to an event that occurs in a part of the building other than a room where the court is sitting, and is expressly permitted by the administrative head of the court;

                     (d)  a recording or transmission connected with official surveillance of the court premises for enhancing the security of the premises or persons on them;

                     (e)  a recording or transmission by a person for the purpose of preparing an official transcript of court proceedings;

                      (f)  a recording or transmission in the course of the operation of a hearing aid;

                     (g)  a recording or transmission by a lawyer of the lawyer's own voice in a part of the building other than a room where a court is sitting;

                     (h)  a recording or transmission prescribed by the regulations.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code .

             (3)  It is a defence to a prosecution of an offence against subsection (1) for the making of a recording that the person:

                     (a)  as soon as practicable after realising he or she contravened that subsection, either:

                              (i)  destroyed the recording and all copies (if any) of the recording; or

                             (ii)  gave the recording and all copies (if any) of it to a security officer or an authorised court officer and permitted a security officer, authorised court officer or police officer to destroy the recording and copies; and

                     (b)  did not give the recording or a copy of it to another person before taking the action described in subparagraph (a)(i) or (ii).

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code .



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