Western Australian Current Acts Western Australian Current Acts (1) Delete section
106K(3)(a) and insert:
(a) the
accused must not be in the same room as the affected child when the
child’s evidence is being taken but must be able to —
(i)
observe the proceedings by means of a closed circuit
television system and at all times have the means of communicating with the
accused’s counsel; or
(ii)
in accordance with subsection (3A), listen to the
proceedings by means of an audio link and at all times have the means of
communicating with the accused’s counsel;
and
(2) After section
106K(3) insert:
(3A) Subsection
(3)(a)(ii) applies to the accused if, in the opinion of the judge, it is not
desirable for the accused to attend court due to the accused’s health or
another reason the judge thinks fit.
(3B) If the accused
hears the proceedings by means of an audio link under subsection (3)(a)(ii),
the accused must be provided with a reasonable opportunity to view a copy of
the visually recorded evidence before the evidence is presented to the court.
(3) After section
106K(4) insert:
(4A) A person must not
make a copy of, or otherwise reproduce, the proceedings, or any part of the
proceedings, heard by means of an audio link under subsection (3)(a)(ii).
Penalty for this subsection: a fine of $5 000.
(4B) A person must not
play, supply or offer to supply any copy of, or reproduction of, the
proceedings, or any part of the proceedings, heard by means of an audio link
under subsection (3)(a)(ii).
Penalty for this subsection: a fine of $5 000.
(4C) A person must not
broadcast the proceedings, or any part of the proceedings, heard by means of
an audio link under subsection (3)(a)(ii).
Penalty for this subsection: imprisonment for 1
year and a fine of $100 000.