New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 281K

281K Procedures for giving access to designated terrorism evidence to unrepresented accused person

(1) After receiving a terrorism evidence notice, an unrepresented accused person may give the prosecuting authority a written notice (an
"access request notice" ) that indicates that the unrepresented accused person requires access to the designated terrorism evidence.

(2) The prosecuting authority must, as soon as practicable after receiving an access request notice, give the unrepresented accused person reasonable access to the designated terrorism evidence so as to enable them to view or listen to (but not copy) the evidence. This may require access to be given on more than one occasion.

(3) The prosecuting authority may require any such access to take place subject to such conditions as the prosecuting authority considers appropriate to ensure that there is no unauthorised reproduction or circulation of the designated terrorism evidence and that its integrity is protected.

(4) Without limiting subsection (3), the prosecuting authority may require any such access to take place under the supervision of the prosecuting authority or a person assisting the prosecuting authority.

(5) A person who is given access to designated terrorism evidence by a prosecuting authority under this section must not, without the authority of the prosecuting authority--

(a) copy, or permit a person to copy, the designated terrorism evidence, or

(b) give the designated terrorism evidence to another person, or

(c) remove the designated terrorism evidence from the custody of the prosecuting authority, or

(d) publish the designated terrorism evidence.

: Maximum penalty--100 penalty units or imprisonment for 2 years, or both.