New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 289B

289B Use of random sample evidence in child abuse material cases

(1) An authorised classifier may, in connection with any proceedings for a child abuse material offence, conduct an examination of a random sample of seized material.

(2) In proceedings for the child abuse material offence concerned, evidence adduced by the prosecutor of any findings of the authorised classifier as to the nature and content of the random sample is admissible as evidence of the nature and content of the whole of the material from which the random sample was taken.

(3) Accordingly, it is open to a court to find that any type of child abuse material found by an authorised classifier to be present in a particular proportion in the random sample is present in the same proportion in the material from which the random sample was taken.

(4) A certificate of an authorised classifier, that certifies any of the following matters, is admissible in proceedings for a child abuse material offence as evidence of the matters certified--

(a) that the authorised classifier conducted an examination of a random sample of seized material,

(b) the findings of the authorised classifier as to the nature and content of the random sample.

(5) A certificate signed by a person purporting to be an authorised classifier is taken to be a certificate of an authorised classifier, in the absence of evidence to the contrary.

(6) Evidence is admissible under this section only if the court is satisfied that the accused person, or an Australian legal practitioner representing the accused person, has been given a reasonable opportunity to view all of the seized material.

(7) This section does not affect the provisions of Part 2A, which restrict the access of an accused person to sensitive evidence.

(8) The regulations may make further provision for or with respect to the taking and admissibility of random sample evidence under this section, including by providing for--

(a) the circumstances or types of cases in which the prosecutor may adduce evidence of the findings of an authorised classifier under this section, and

(b) the procedure for taking and examining random samples of material, and

(c) any further requirements as to the content and service of a certificate of an authorised classifier.