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CRIMES ACT 1958 - SECT 464JC

Retention of copy of recording

    (1)     In this section—

"authorised person" has the same meaning as in section 464JA;

"court" means—

        (a)     if a criminal proceeding to which the recording relates has commenced but has not been completed, the court hearing the proceeding;

        (b)     in any other case, the Magistrates' Court;

S. 464JC(1) def. of Department Head inserted by No. 64/2010 s. 4(1).

"Department Head" has the same meaning as in the Public Administration Act 2004 ;

"recording" has the same meaning as in section 464JA.

S. 464JC(2) amended by Nos 64/2010 s. 4(2)(3), 37/2014 s. 10(Sch. item 36.20).

    (2)     The Chief Commissioner of Police must keep a copy of a recording, if the recording has been made by a police officer in the course of an investigation, in safe custody.

S. 464JC(2A) inserted by No. 64/2010 s. 4(4), amended by Nos 48/2012 s. 47, 37/2014 s. 10(Sch. item 36.20).

    (2A)     If the recording has been made by an investigating official who is not a police officer, the recording must be kept in the custody of the Department Head for the Department, where the investigating official made the recording in the course of carrying out duties for or on behalf of that Department.

S. 464JC(2B) inserted by No. 64/2010 s. 4(4).

    (2B)     A recording referred to in subsection (2) or (2A) must be kept for a period of 7 years from the making of the recording.

S. 464JC(3) amended by No. 64/2010 s. 4(5).

    (3)     If the court is satisfied that there is good cause to keep a copy of a recording for a period longer than 7 years, the court may order that the Chief Commissioner of Police or the Department Head retain the copy for a further period specified in the order.

    (4)     An application for an order under subsection (3) may be made by—

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

        (b)     an authorised person acting in the performance of his or her duties.

    (5)     The court must not make an order under subsection (3) unless—

S. 464JC(5)(a) amended by No. 64/2010 s. 4(6)(a).

        (a)     the court is satisfied that the applicant has given reasonable notice of the application to the suspect and the Chief Commissioner of Police or the Department Head; and

S. 464JC(5)(b) amended by No. 64/2010 s. 4(6)(b).

        (b)     the court has given the suspect and the Chief Commissioner of Police or the Department Head a reasonable opportunity to be heard.

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



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