(1) A person must not intentionally make a recording of a proceeding except in accordance with subsection (2), (3) or (4).
Penalty: 20 penalty units.
(2) An officer, employee or agent, or any person authorised by or on behalf, of Court Services Victoria may make a recording of a proceeding if that person does so in the course of the person's engagement, employment or contract.
Example to s. 4A(2) amended by No. 26/2023 s. 9(1).
Example
To enable the preparation of an official transcript of a court proceeding or for the purposes of section 8B of the Open Courts Act 2013 .
S. 4A(3) amended by No. 26/2023 s. 9(2).
(3) Subject to any direction of a court—
(a) a representative of a news media organisation may make an audio recording of a proceeding for the purpose of preparing a media report; and
(b) an Australian legal practitioner or other prescribed person may make an audio recording of a proceeding for the purposes of the legal representation of a person in that proceeding.
(4) A person may make a recording of a proceeding if—
(a) express written permission is given by a judicial officer, whether in respect of—
(i) a specific proceeding or class of proceedings; or
(ii) generally; or
(b) required by or authorised under any other Act or subordinate instrument; or
(c) the recording is of a prescribed class of recordings.
S. 4B inserted by No. 62/2014 s. 77.