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CRIMES ACT 1958 - SECT 464JA

Offences in relation to recordings

    (1)     In this section—

S. 464JA(1) def. of authorised person amended by Nos 64/2010 s. 3(1), 43/2012 s. 3(Sch. item 11.2), 82/2012 s. 159(1), 37/2014 s. 10(Sch. item 36.19(a)).

"authorised person "means—

        (a)     a member of Victoria Police personnel (other than a protective services officer);

        (b)     a person or body engaged to provide services to Victoria Police in relation to the installation or maintenance of recording equipment;

        (c)     the Director of Public Prosecutions for Victoria or a person acting under the authority of the Director;

        (d)     the Chief Crown Prosecutor or a Crown Prosecutor or Associate Crown Prosecutor appointed under the Public Prosecutions Act 1994 ;

        (e)     a person employed in the Office of Public Prosecutions under the Public Prosecutions Act 1994 ;

        (f)     a legal practitioner representing—

              (i)     the State; or

              (ii)     an informant;

        (g)     a legal practitioner representing—

              (i)     a suspect recorded under section 464B(5H), 464G or 464H; or

              (ii)     a co-accused of the suspect;

        (h)     an officer or employee of Victoria Legal Aid employed under the Legal Aid Act 1978 ;

              (i)     a court or a person acting under the direction of a court;

        (j)     a coroner within the meaning of the Coroners Act 2008 or a person acting under the direction of a coroner;

        (k)     the Commissioner for Law Enforcement Data Security appointed under Part 2 of the Commissioner for Law Enforcement Data Security Act 2005 or a person acting under his or her direction;

        (l)     the Chief Examiner or an Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004 or a person acting under the direction of the Chief Examiner or an Examiner;

        (m)     the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 or a person acting under his or her direction;

        (n)     the Inspector within the meaning of the Victorian Inspectorate Act 2011 or a person acting under his or her direction;

        (o)     a member of the Legislative Assembly or Legislative Council or a person acting under his or her direction;

        (p)     a person, or person belonging to a class of persons, prescribed for the purposes of this definition;

        (q)     an investigating official or person acting under his or her direction;

        (r)     a person engaged by a Department or agency to store or retrieve a record;

"publish" means—

        (a)     insert in a newspaper or other publication; or

        (b)     disseminate by broadcast, telecast or cinematograph; or

        (c)     bring to the notice of the public or any member of the public by any other means, including by publication on the Internet;

"recording" means a recording made in accordance with section 464B(5H), 464G or 464H.

    (2)     A person must not knowingly possess an audio recording or an audiovisual recording unless the person—

        (a)     is the suspect; or

        (b)     is a legal practitioner representing the suspect; or

        (c)     is an authorised person acting in the performance of his or her duties; or

        (d)     has possession of the recording in a sealed package in the course of his or her duties as a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording to that person.

Penalty:     Level 8 imprisonment (1 year maximum).

Note

The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of the Sentencing Act 1991 .

    (3)     A person must not play an audio recording or an audiovisual recording to another person unless—

S. 464JA(3)(a) substituted by No. 64/2010 s. 3(2).

        (a)     the recording is played for purposes connected with any civil or criminal proceeding and any inquiry before any court or tribunal; or

        (b)     the recording is played for purposes connected with an investigation of a death or a fire or an inquest held by a coroner; or

S. 464JA(3)(c) amended by No. 37/2014 s. 10(Sch. item 36.19(b)).

        (c)     the recording is played for purposes connected with disciplinary action against a police officer under the Victoria Police Act 2013 ; or

        (d)     the recording is played for purposes connected with disciplinary action against a legal practitioner; or

        (e)     the recording is played in accordance with the direction of a court under section 464JB; or

        (f)     the recording is played in accordance with section 464JD; or

        (g)     the recording is played by an authorised person acting in the course of his or her duties.

Penalty:     Level 8 imprisonment (1 year maximum).

Note

The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of the Sentencing Act 1991 .

    (4)     A person must not supply or offer to supply an audio recording or an audiovisual recording to another person other than—

        (a)     the suspect in relation to whom the recording was made;

        (b)     a legal practitioner representing the suspect;

        (c)     an authorised person acting in the performance of his or her duties;

        (d)     a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording.

Penalty:     Level 8 imprisonment (1 year maximum).

Note

The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of the Sentencing Act 1991 .

    (5)     A person, other than an authorised person acting in the performance of his or her duties, must not copy the whole or any part of an audio recording or an audiovisual recording or permit another person to make such a copy, unless the person is acting in accordance with the direction of a court under section 464JB.

Penalty:     Level 8 imprisonment (1 year maximum).

Note

The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of the Sentencing Act 1991 .

S. 464JA(6) amended by No. 64/2010 s. 3(3).

    (6)     An authorised person must not knowingly or recklessly tamper with, modify or erase (in whole or in part) a recording while the recording is being retained under section 464JC, except in accordance with the direction of a court under section 464JB.

Penalty:     Level 8 imprisonment (1 year maximum).

Note

The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of the Sentencing Act 1991 .

    (7)     A person must not publish or cause to be published the whole or any part of an audio recording or an audiovisual recording except in accordance with the direction of a court under section 464JB.

Penalty:     Level 7 imprisonment (2 years maximum).

Note

The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 1200 penalty units: see section 113D of the Sentencing Act 1991 .

    (8)     An offence against a provision of this section is a summary offence.

S. 464JB inserted by No. 87/2009 s. 4.



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