Victorian Current Acts Victorian Current ActsS. 373(1) amended by No. 48/2012 s. 28.
(1) A recording of a special hearing that is tendered as evidence by the prosecution must be the best available record, or be comprised of the best available records, of the evidence of the complainant.
(2) In subsection (1)—
"the best available record" of the evidence, or any part of the evidence, means an audiovisual recording of the evidence.
(3) In exceptional circumstances and having regard to whether the accused would be unfairly prejudiced, the court may admit as evidence an audio recording of the evidence, or any part of the evidence, if an audiovisual recording of the evidence is not available.
New s. 374 inserted by No. 68/2009 s. 50.