New South Wales Consolidated Acts

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CRIMINAL PROCEDURE ACT 1986 - SECT 289P

Improper copying or dissemination of recorded statement

289P Improper copying or dissemination of recorded statement

(1) A person who has possession of a recorded statement must not copy, or permit a person to copy, the recorded statement, give possession of the recorded statement to another person or publish the recorded statement, except--
(a) for the legitimate purposes of a criminal investigation or criminal proceedings, or
(b) if the person is a public official, in the proper exercise of the person's public official functions (including any functions relating to education or training).
: Maximum penalty--100 penalty units, or 2 years imprisonment, or both.
(2) This section does not permit any person, including an Australian legal practitioner who represents an accused person, to give possession of a video copy of a recorded statement to the accused person or to permit the accused person to copy or obtain a copy of a recorded statement.
(3) In this section, a reference to a recorded statement includes a reference to any copy of a recorded statement made for the purposes of the proceedings.
(4) An offence under this section is to be dealt with summarily.
(5) In this section--

"public official" has the same meaning as in the Independent Commission Against Corruption Act 1988 .

"publish" means disseminate or provide access to one or more persons by means of the internet, radio, television or other media.



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