Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 21AXC

21AXC Court may make order for presentation of usable soundtrack

(1) This section applies if—

(a) a videorecording has been made—

(i) under section 21A of the evidence of a special witness (a
"relevant witness" ); or

(ii) under division 4A , subdivision 3 or 4 of the evidence of an affected child (also a
"relevant witness" ); and

(b) the evidence of the relevant witness contained in the videorecording is admissible in a proceeding as mentioned in section 21A (6) , 21AM or 21AQ (6) ; and

(c) moving images can not be produced from the videorecording or a lawfully edited copy of the videorecording; and

(d) the videorecording, or a lawfully edited copy of the videorecording, has a usable soundtrack.

(2) The court may order that the usable soundtrack of the videorecording of the evidence of the relevant witness, or of the lawfully edited copy of the videorecording, may be presented at the proceeding.

(3) The court may make an order under subsection (2) —

(a) on the court’s own initiative or on the application of a party to the proceeding; and

(b) only if the court is satisfied it would be in the interests of justice to make the order.