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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
AUDIO VISUAL AND AUDIO
LINKS AMENDMENT BILL
1999
Queensland
AUDIO VISUAL AND AUDIO LINKS
AMENDMENT BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF EVIDENCE ACT 1977
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Insertion of new pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 3A--AUDIO VISUAL LINKS AND AUDIO LINKS
Division 1--Preliminary
39A Purposes of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
39B Application of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
39C Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2--Use of interstate audio visual links or audio links in
proceedings before Queensland courts
39D Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
39E State courts may take evidence and submissions from
outside State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
39F Legal practitioners entitled to practice . . . . . . . . . . . . . . . . . . . . . . . 9
Division 3--Use of interstate audio visual links or audio links in
proceedings in participating States
39G Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
39H Recognised courts may take evidence or receive
submissions from persons in Queensland . . . . . . . . . . . . . . . . . . . . . . 10
39I Powers of recognised courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
39J Orders made by recognised court . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Audio Visual and Audio Links Amendment
39K Enforcement of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
39L Privileges, protection and immunity of participants in
proceedings before recognised court . . . . . . . . . . . . . . . . . . . . . . . . . 11
39M Recognised court may administer oath in the State . . . . . . . . . . . . . 12
39N Assistance to recognised court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
39O Contempt of recognised court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
39P Double jeopardy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 4--General provisions about the use of audio visual links
or audio links
39Q Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
39R Queensland courts may take evidence and submissions
from external location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
39S Failure of the link . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
39T Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
39U External location to be considered part of Queensland
court location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
39V Witness outside Queensland--when compellable . . . . . . . . . . . . . . 15
39W Administration of oaths and affirmations . . . . . . . . . . . . . . . . . . . . . . 15
39X Testimony from outside Australia other than on oath . . . . . . . . . . . . 15
39Y Putting documents to a person at an external location . . . . . . . . . . . 15
39Z Extension of rule-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 3--AMENDMENT OF CRIMINAL CODE
5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
6 Amendment of s 594 (Accused person to be called upon to plead
to indictment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 4--AMENDMENT OF JUVENILE JUSTICE ACT 1992
7 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8 Insertion of new s 118A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
118A Audio visual link or audio link may be used to sentence . . . . . . . . . 17
3
Audio Visual and Audio Links Amendment
PART 5--AMENDMENT OF PENALTIES AND SENTENCES
ACT 1992
9 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
10 Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
15A Audio visual link or audio link may be used to sentence . . . . . . . . . 18
1999
A BILL
FOR
An Act to amend the Evidence Act 1977, Criminal Code, Juvenile
Justice Act 1992 and Penalties and Sentences Act 1992 in relation
to the use of audio visual links or audio links in court proceedings
s1 6 s4
Audio Visual and Audio Links Amendment
The Parliament of Queensland enacts--
PART 1--PRELIMINARY
title
Short
Clause 1. This Act may be cited as the Audio Visual and Audio Links
Amendment Act 1999.
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation.
ART 2--AMENDMENT OF EVIDENCE ACT 1977
P
amended in pt 2
Act
Clause 3. This parts amends the Evidence Act 1977.
of new pt 3A
Insertion
Clause 4. After section 39--
insert--
s4 7 s4
Audio Visual and Audio Links Amendment
ART 3A--AUDIO VISUAL LINKS AND AUDIO
`P
LINKS
1--Preliminary
`Division
urposes of pt 3A
`P
`39A. The purposes of this part are--
(a) to provide for Queensland to participate in a substantially uniform
interstate scheme for the taking or receiving of evidence, and the
making or receiving of submissions, from or in participating
States; and
(b) to facilitate the giving and receiving of evidence, and the making
and receiving of submissions, in Queensland court proceedings,
by audio visual link or audio link.
of pt 3A
`Application
`39B.(1) This part applies to a proceeding whether commenced before or
after the commencement of this part.
`(2) This part does not limit any law of the State that makes provision
for--
(a) the use of audio visual links or audio links; or
(b) the taking of evidence, or the making of submissions, in or
outside the State for the purpose of a proceeding in the State.
`(3) In particular, this part does not affect a prohibition under another Act
on the making of an order about the use of an audio visual link or audio link
without the consent of all parties to a proceeding.
for pt 3A
`Definitions
`39C. In this part--
"audio link" means facilities, including telephone, that enable reasonably
contemporaneous and continuous audio communication between
s4 8 s4
Audio Visual and Audio Links Amendment
persons at different places.
"audio visual link" means facilities, including closed-circuit television, that
enable reasonably contemporaneous and continuous audio and visual
communication between persons at different places.
"before", a court, includes in a court.
"court location" means the courtroom, or other place, where the court is
sitting.
"participating State" means another State in which provisions of an Act
of that State in terms that substantially correspond to divisions 2 and 3
are in force.
"Queensland court" means--
(a) the Supreme Court, the District Court or a Magistrates Court; or
(b) a coroner; or
(c) another court established under an Act; or
(d) another tribunal declared under a regulation to be a court for this
part.
"recognised court" means a court or tribunal of a participating State that is
authorised by the provisions of an Act of that State in terms
substantially corresponding to divisions 2 and 3 to direct that evidence
be taken or submissions be made by audio visual link or audio link
from Queensland.
"external location", for a court, means the location, external to the court
location--
(a) in or outside Queensland or Australia from which evidence or a
submission is being, is to be, or has been taken or made by audio
visual link or audio link under this part; or
(b) for the application of this part under the Criminal Code,
section 594--at which an accused person is being, is to be, or has
been arraigned; or
s4 9 s4
Audio Visual and Audio Links Amendment
(c) for the application of this part under the Juvenile Justice Act 1992,
section 118A or the Penalties and Sentences Act 1992,
section 15A--at which an offender or a child is being, is to be, or
has been sentenced.
"tribunal" means a body or person that may take evidence on oath.
`Division 2--Use of interstate audio visual links or audio links in
proceedings before Queensland courts
of div 2
`Application
`39D. This division applies to any proceeding, including a criminal
proceeding, before a Queensland court.
courts may take evidence and submissions from outside State
`State
`39E.(1) The court may, on the application of a party to a proceeding
before the court, direct that evidence be taken or submissions be made by
audio visual link or audio link from a participating State.
`(2) The court may exercise in the participating State, in connection with
taking evidence or receiving submissions by audio visual link or audio link,
any of its powers that the court may be permitted, under the law of the
participating State, to exercise in the participating State.
practitioners entitled to practice
`Legal
`39F. A person who is entitled to practise as a legal practitioner in a
participating State is entitled to practise as a barrister or solicitor or both in
relation to the following--
(a) the examination-in-chief, cross-examination or re-examination of
a witness in the participating State whose evidence is being given
by audio visual link or audio link in a proceeding before the court;
(b) making of submissions by audio visual link or audio link from
the participating State in a proceeding before the court.
s4 10 s4
Audio Visual and Audio Links Amendment
`Division 3--Use of interstate audio visual links or audio links in
proceedings in participating States
of div 3
`Application
`39G. This division applies to any proceeding, including a criminal
proceeding, before a recognised court.
courts may take evidence or receive submissions from
`Recognised
persons in Queensland
`39H. The court may, for a proceeding before it, take evidence or receive
submissions, by audio visual link or audio link, from a person in
Queensland.
of recognised courts
`Powers
`39I.(1) The court may, for the proceeding, exercise in Queensland, in
connection with taking evidence or receiving submissions by audio visual
link or audio link, any of its powers other than its powers--
(a) to punish for contempt; and
(b) to enforce or execute its judgments or process.
`(2) The laws of the participating State, including rules of court, that
apply to the proceeding in that State also apply to the practice and procedure
of the court in taking evidence or receiving submissions by audio visual link
or audio link from a person in Queensland.
`(3) For the purposes of the court exercising its powers in Queensland,
the external location in Queensland is taken to be part of the court location.
made by recognised court
`Orders
`39J. Without limiting section 39I, the court may, by order--
(a) direct that the proceeding, or a part of the proceeding, be
conducted in private at the external location in Queensland; and
(b) require a person to leave the external location in Queensland; and
s4 11 s4
Audio Visual and Audio Links Amendment
(c) prohibit or restrict the publication of evidence given in the
proceeding or the name of a party to, or a witness in, the
proceeding.
of order
`Enforcement
`39K.(1) An order under section 39J must be complied with.
`(2) Subject to rules of court made under the Supreme Court of
Queensland Act 1991, the order may be enforced by the Supreme Court as
if the order were an order of that court.
`(3) Without limiting subsection (2), a person who contravenes the
order--
(a) is taken to be in contempt of the Supreme Court; and
(b) is punishable accordingly;
unless the person establishes that the contravention should be excused.
protection and immunity of participants in proceedings
`Privileges,
before recognised court
`39L.(1) A judge or other person presiding at or otherwise taking part in
a judicial capacity in the proceeding before the court has, in connection with
evidence being taken or submissions being received by audio visual link or
audio link from the external location in Queensland, the same privileges,
protection and immunity as a Supreme Court judge.
`(2) A person appearing as a legal practitioner in the proceeding before
the court has, in connection with evidence being taken or submissions being
received by audio visual link or audio link from the external location in
Queensland, the same protection and immunity as a barrister appearing
before the Supreme Court.
`(3) A person at the external location in Queensland appearing as a
witness in the proceeding before the court by audio visual link or audio link
has the same protection and immunity as a witness in a proceeding before
the Supreme Court.
s4 12 s4
Audio Visual and Audio Links Amendment
court may administer oath in the State
`Recognised
`39M.(1) The court may administer an oath or affirmation in accordance
with its practice and procedure for the purpose of obtaining the testimony of
a person in Queensland by audio visual link or audio link in the proceeding.
`(2) Evidence given on the oath or affirmation is taken to be given in a
Queensland judicial proceeding for the purposes of Queensland law.
to recognised court
`Assistance
`39N. An officer of a Queensland court may, if asked by the recognised
court, do any of the following things for the proceeding--
(a) attend at the external location in Queensland;
(b) take the action the recognised court directs to facilitate the
proceeding;
(c) administer an oath or affirmation.
of recognised court
`Contempt
`39O. A person must not, in connection with evidence or a submission
that is to be, is being, or has been given or made at the external location in
Queensland in the proceeding before the court, do any of the following
things--
(a) assault, in Queensland--
(i) a witness in the proceeding; or
(ii) a person appearing in the proceeding as a legal practitioner;
or
(iii) an officer of a Queensland court giving assistance under
section 39N;
(b) deliberately interrupt or obstruct the court;
(c) create or continue, or join in creating or continuing, a disturbance
at the external location in Queensland;
(d) attempt to influence improperly anyone in connection with the
proceeding;
s4 13 s4
Audio Visual and Audio Links Amendment
(e) deliberately and without lawful excuse, disobey an order or
direction given by the court to regulate conduct happening while
evidence is being given or a submission is being made by audio
visual link or audio link;
(f) do anything in connection with the proceeding that would be a
contempt of court if the thing done were done in, or in relation to,
a Queensland judicial proceeding.
Maximum penalty--imprisonment for 3 months.
jeopardy
`Double
`39P.(1) This section applies to a person who does an act or makes an
omission that is an offence both--
(a) under this part; and
(b) under a law of a participating State.
`(2) The person must not be prosecuted or punished under this part for
the offence if the person has been prosecuted or punished under the law of
the participating State for the offence.
4--General provisions about the use of audio visual links or
`Division
audio links
of div 4
`Application
`39Q.(1) This division applies to any proceeding, including a criminal
proceeding, before a Queensland court.
`(2) This division does not limit, and is not limited by, division 2 or 3.
courts may take evidence and submissions from external
`Queensland
location
`39R.(1) Subject to any rules of the court, the court may, on the
application of a party to the proceeding before the court, direct that a person
appear before, or give evidence or make a submission to, the court by audio
visual link or audio link from a location inside or outside Queensland,
s4 14 s4
Audio Visual and Audio Links Amendment
including a location outside Australia.
`(2) The court may, at any time, vary or revoke a direction made under
this section on its own initiative or on the application of a party to the
proceeding.
of the link
`Failure
`39S. If an audio visual link or audio link fails in the proceeding, the
court may adjourn the proceeding, or make another appropriate order, as if a
person present at the external location were at the court location.
`Expenses
`39T. The court may make the orders it considers just for payment of
expenses incurred in connection with taking evidence or making
submissions by audio visual link or audio link.
location to be considered part of Queensland court location
`External
`39U.(1) An external location in the proceeding before the court is taken
to be part of the court location in the proceeding for all purposes relating to a
Queensland law for the administration of justice.
`(2) In this section--
"a law for the administration of justice" includes a law about any of the
following--
(a) compulsory attendance at court;
(b) punishment for failing to attend at court;
(c) the presence of a person at court;
(d) evidence, including compellability to give evidence;
(e) perjury, contempt, procedure, privileges, protection or
immunities.
"law" includes any written or unwritten law, and a rule, practice or
procedure of the court.
s4 15 s4
Audio Visual and Audio Links Amendment
outside Queensland--when compellable
`Witness
`39V. If the external location from which a witness giving evidence by
audio visual link or audio link in the proceeding is outside Queensland, the
witness is compellable to give evidence only to the extent the witness--
(a) would be compellable to give the evidence if present in
Queensland; and
(b) would be compellable to give the evidence in court proceedings
under the law of the place from which the evidence is given.
of oaths and affirmations
`Administration
`39W. An oath or affirmation may be sworn for giving testimony by
audio visual link or audio link--
(a) over the link in a way that is as near as practicable to the way the
witness could be sworn at the court location; or
(b) by a person at the external location in accordance with the court's
direction.
from outside Australia other than on oath
`Testimony
`39X.(1) This section applies if the external location is in a country other
than Australia and an oath is not allowed under the law of the country.
`(2) The evidence may be given otherwise than on oath under a caution
or admonition that would be accepted by a court in that country for the
purpose of giving evidence in the court.
`(3) The probative value of the evidence given under subsection (2) is not
diminished merely because the evidence is not given on oath.
`(4) A person giving the evidence under subsection (2) is liable to be
convicted of perjury as if the evidence were given on oath.
documents to a person at an external location
`Putting
`39Y.(1) If in the course of examination of a person by audio visual link
or audio link it is necessary to put a document to the person, the court may
permit the document to be put to the person--
s5 16 s6
Audio Visual and Audio Links Amendment
(a) if the document is at the court location--by sending a copy of it to
the external location in any way and the copy then put to the
person; or
(b) if the document is at the external location--by putting it to the
person and then sending it to the court location in any way.
`(2) A document put to a person under subsection (1) is admissible as
evidence without proof that the transmitted copy is a true copy of the
relevant document.
of rule-making power
`Extension
`39Z. If there is a power under another Act to make rules for the court,
the power includes a power to make rules, not inconsistent with this part,
that are necessary or convenient for carrying out or giving effect to this
part.'.
PART 3--AMENDMENT OF CRIMINAL CODE
amended in pt 3
Act
Clause 5. This part amends the Criminal Code.
of s 594 (Accused person to be called upon to plead to
Amendment
indictment)
Clause 6. Section 594--
insert--
`(4) The court may allow anything that must or may be done in relation
to the arraignment of the accused person to be done over an audio visual
link or audio link, if the prosecutor and the accused person agree to the use
of the link.
`(5) For subsection (4), anything done, for the accused person's
arraignment, over an audio visual link or audio link between the person and
the court sitting in open court is taken to be done in open court.
s7 17 s9
Audio Visual and Audio Links Amendment
`(6) The provisions of the Evidence Act 1977 relating to the use of an
audio visual link or audio link in criminal proceedings apply for, and are not
limited by, subsection (4).'.
PART 4--AMENDMENT OF JUVENILE JUSTICE
ACT 1992
amended in pt 4
Act
Clause 7. This part amends the Juvenile Justice Act 1992.
of new s 118A
Insertion
Clause 8. After section 118--
insert--
visual link or audio link may be used to sentence
`Audio
`118A.(1) The court may allow anything that must or may be done in
relation to the sentencing of a child to be done over an audio visual link or
audio link, if the prosecutor and the child agree to the use of the link.
`(2) The provisions of the Evidence Act 1977 relating to the use of an
audio visual link or audio link in criminal proceedings apply for, and are not
limited by, subsection (1).'.
PART 5--AMENDMENT OF PENALTIES AND
SENTENCES ACT 1992
amended in pt 5
Act
Clause 9. This part amends the Penalties and Sentences Act 1992.
s 10 18 s 10
Audio Visual and Audio Links Amendment
of new s 15A
Insertion
Clause 10. Part 2, after section 15--
insert--
visual link or audio link may be used to sentence
`Audio
`15A.(1) The court may allow anything that must or may be done in
relation to the sentencing of an offender to be done over an audio visual link
or audio link, if the prosecutor and the offender agree to the use of the link.
`(2) For sections 10(1) and 13(3) or (4), anything done, for an offender's
sentencing, over an audio visual link or audio link between the offender and
the court sitting in open court is taken to be done in open court.1
`(3) The provisions of the Evidence Act 1977 relating to the use of an
audio visual link or audio link in criminal proceedings apply for, and are not
limited by, subsection (1).'.
© State of Queensland 1999
1 Section 10 (Court's reasons to be stated and recorded) and 13 (Guilty plea to be
taken into account)
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