Recording of Evidence Act 1962 (Qld)

Recording of Evidence Act 1962

An Act to make new provision for the recording of legal proceedings

1 Short title This Act may be cited as the Recording of Evidence Act 1962.

2 [Repealed]

3 [Repealed]

4 Definitions In this Act— court includes the Supreme Court and any judge thereof, a District Court and any judge thereof, the Industrial Court, a Magistrates Court, and any court or tribunal established and constituted by or under any law of this State. courtroom means any room in which a judicial person sits or is likely to sit for the purposes of a legal proceeding. dictation-tape means a medium (other than a master recording) containing the record or any part of the record made under this Act by mechanical means of a legal proceeding. judicial person includes any judge, magistrate, industrial magistrate, justice, or coroner, and any arbitrator, commissioner, officer, registrar, or other person or body having by law or by consent of parties authority to hear or receive evidence or examine witnesses or other persons. legal proceeding includes any proceeding (whether civil or criminal) in or before any court, any proceeding before justices, and any proceeding before any court or person (including any inquiry, arbitration heard by the industrial commission, or examination) in which evidence is or may be given, as well as any part of any legal proceeding. master recording means the medium containing a complete record under this Act of a legal proceeding. mechanical means, in relation to the recording under this Act of any legal proceeding, means the recording by recording equipment. medium means a disc, tape or other thing from which a record under this Act may be reproduced. out-of-session recording means a recording of matter that— (a) takes place in a courtroom that is equipped with recording equipment to be used for the purposes of this Act; and (b) is made by that recording equipment; and (c) is made when no legal proceeding is taking place in the courtroom. recorder means a person who carries out a recording service. recording equipment means a tape recording machine or any mechanical, electronic or other device for recording matter. recording service means— (a) the recording of relevant matter in a legal proceeding under section 5; or (b) the transcription of a record under this Act under an arrangement under section 5A, 5C or 6; or (c) the transcription of a record under this Act by a public service employee in the department. record under this Act— (a) in relation to a legal proceeding taking place in a courtroom—means the evidence (if any) and other matter (if any) recorded under section 5 and includes, if the record on a master recording is a digital recording, a replication of the record onto a separate data storage medium; or (b) if no legal proceeding is taking place in a courtroom—means matter recorded in an out-of-session recording. transcription, in relation to any record under this Act, means the transcription to longhand writing, typewriting or other mode of the record.