Western Australian Current Acts Western Australian Current Acts (1) Every exhibit
tendered in evidence to a court in a case must not be released by the court to
any person until at least 31 days after the day on which the case is
determined or dismissed except —
(a) to
the Supreme Court for the purposes of an appeal against the decision; or
(b)
under an order made by the Supreme Court; or
(c)
under subsection (2).
(2) Despite subsection
(1), the court —
(a) may
dispose of an exhibit that it considers is dangerous to retain; or
(b) may
release an exhibit to a person who is entitled to custody of it if the court
considers that —
(i)
it is dangerous, impracticable or inconvenient for it to
be retained under this section; or
(ii)
it is necessary for that person to have the use of the
exhibit.
(3) A court that under
subsection (2)(b) releases an exhibit to a person may require the person, as a
condition of being given the exhibit, to give a written undertaking to the
court as to the care, maintenance and custody of the exhibit and its
re-delivery to the court.
(4) A person who,
without a reasonable excuse, fails to carry out such an undertaking commits an
offence.
Penalty: a fine of $12 000 or imprisonment for 12
months.
(5) After the 31 days
the court may release an exhibit to a person who in the court’s opinion
is entitled to custody of it or may require the party who tendered it in
evidence to collect it.