Crimes Act 1914

Pt IAD heading substituted by No 74 of 2013, s 3 and Sch 2 item 1, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013. The heading formerly read:

Part IAD - Protection of children in proceedings for sexual offences

Pt IAD inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.

Div 5 heading amended by No 114 of 2024, s 3 and Sch 1 item 33, by substituting " or audio recordings of interviews " for " recordings " , effective 11 December 2024. For transitional provision, see note under Div 2A of Pt IAD heading.

Div 5 inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.

S 15YM(1) amended by No 114 of 2024, s 3 and Sch 1 item 35, by inserting " or audio " , effective 11 December 2024. For transitional provision, see note under Div 2A of Pt IAD heading.

S 15YM(1) substituted by No 70 of 2020, s 3 and Sch 2 item 1, effective 23 June 2020. No 70 of 2020, s 3 and Sch 2 item 3 contain the following application and saving provisions:

3 Application and saving provisions  
(1)
The amendments made by this Schedule apply in relation to proceedings begun on or after the commencement of this Schedule.

(2)
A regulation made for the purposes of paragraph 15YM(1)(a) of the Crimes Act 1914 and in force immediately before the commencement of this Schedule has effect, on and after that commencement, as if it had been made for the purposes of subsection 15YM(1) of that Act, as amended by this Schedule.

S 15YM(1) formerly read:

(1)
A video recording of an interview of a person to whom subsection (1A) applies in a proceeding may be admitted as evidence in chief if:

(a) a constable, or a person of a kind specified in the regulations, conducted the interview; and

(b) the court gives leave.

S 15YM(1) amended by No 74 of 2013, s 3 and Sch 2 item 50, by substituting " person to whom subsection (1A) applies " for " child witness " , applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.

S 15YM(1A) amended No 5 of 2015, s 3 and Sch 1 item 10, by substituting " section. " for " section; " , effective 25 March 2015.

S 15YM(1A) inserted by No 74 of 2013, s 3 and Sch 2 item 51, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.

S 15YM(2) inserted by No 114 of 2024, s 3 and Sch 1 item 36, effective 11 December 2024. For transitional provision, see note under Div 2A of Pt IAD heading.

Former s 15YM(2) repealed by No 70 of 2020, s 3 and Sch 2 item 2, effective 23 June 2020. For application and saving provisions, see note under s 15YM(1) . S 15YM(2) formerly read:

(2)
The court must not give leave under subsection (1) if satisfied that it is not in the interest of justice for the person ' s evidence in chief to be given by a video recording.

Former s 15YM(2) amended by No 74 of 2013, s 3 and Sch 2 item 52, by substituting " under subsection (1) if satisfied that it is not in the interest of justice for the person ' s " for " if satisfied that it is not in the interest of justice for the child ' s " , applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.

S 15YM(3) repealed by No 70 of 2020, s 3 and Sch 2 item 2, effective 23 June 2020. For application and saving provisions, see note under s 15YM(1) . S 15YM(3) formerly read:

(3)
An application for leave under this section:

(a) must be in writing; and

(b) must not be determined before the court has considered such submissions and other evidence as it thinks necessary for determining the application.

S 15YM(4) (not including the notes) substituted by No 114 of 2024, s 3 and Sch 1 item 36, effective 11 December 2024. For transitional provision, see note under Div 2A of Pt IAD heading. S 15YM(4) (not including the notes) formerly read:

(4)
Subject to Division 3, the person must be available for cross-examination and re-examination if he or she gives evidence in chief by a video recording.

S 15YM(4) amended by No 70 of 2020, s 3 and Sch 3 items 6 - 8, by substituting " Subject to Division 3, the " for " The " , " Note 1 " for " Note " and inserting note 2, applicable in relation to proceedings begun on or after 20 July 2020.

S 15YM(4) amended by No 74 of 2013, s 3 and Sch 2 item 53, by substituting " person " for " child witness " , applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.

S 15YM inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.

S 15YM(5) inserted by No 114 of 2024, s 3 and Sch 1 item 37, effective 11 December 2024. For transitional provision, see note under Div 2A of Pt IAD heading.

S 15YM(6) inserted by No 114 of 2024, s 3 and Sch 1 item 37, effective 11 December 2024. For transitional provision, see note under Div 2A of Pt IAD heading.