South Australian Current Acts

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EVIDENCE ACT 1929 - SECT 67I

67I—Procedures for giving restricted access to sensitive material

        (1)         If, but for this Division, a prosecuting authority would be required to give unrestricted access to sensitive material, the prosecuting authority has a discretion to give either unrestricted or restricted access to the sensitive material.

        (2)         A prosecuting authority cannot, however, exercise its powers under this Division to restrict access to sensitive material by—

            (a)         a court; or

            (b)         a public official who reasonably requires access to the sensitive material for purposes connected with his or her official functions.

        (3)         If the prosecuting authority decides to give restricted access, the authority must give the person entitled to access a notice (a "sensitive material notice") that complies with this section.

        (4)         The sensitive material notice must—

            (a)         describe the sensitive material; and

            (b)         indicate that the prosecuting authority has decided to exercise its powers under this section to restrict the person's access to the sensitive material; and

            (c)         state that the restricted access to the sensitive material is subject to the following conditions:

                  (i)         the condition that the material will be available for examination by the person under the supervision of the prosecuting authority at a place specified in the notice and at a time to be arranged at the request of the person;

                  (ii)         any other condition the prosecuting authority considers necessary or desirable to protect the integrity of the material and to prevent unauthorised reproduction or dissemination; and

            (d)         set out the name and contact details of the person who is responsible for arranging restricted access to the material on behalf of the prosecuting authority.

        (5)         After receiving a sensitive material notice, the person entitled to restricted access may ask the prosecuting authority to give the person access to the sensitive material.

        (6)         The prosecuting authority must, as soon as practicable after receiving such a request, give the person entitled to restricted access such opportunity or opportunities as may be reasonable in the circumstances to access the sensitive material under the conditions of access.

        (7)         A decision by a prosecuting authority under this section to restrict access to sensitive material is administrative and final and not subject to any form of review.

        (8)         A person who is given restricted access to sensitive material by a prosecuting authority under this section must not contravene a condition of access.

Maximum penalty: $8 000 or imprisonment for 2 years or both.



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