Victorian Current Acts

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TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 13AZP

Retention of copy of recording

    (1)     The Chief Commissioner must keep a copy of a recording, if the recording has been made by a police officer under this Division, in safe custody.

    (2)     A recording referred to in subsection (1) must be kept for a period of 7 years from the making of the recording.

    (3)     If a 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 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 person in relation to whom the recording was made; or

        (b)     an authorised person acting in the performance of the person's duties.

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

        (a)     the court is satisfied that the applicant has given reasonable notice of the application to—

              (i)     the person in relation to whom the recording was made; and

              (ii)     the Chief Commissioner; and

        (b)     the court has given that person and the Chief Commissioner a reasonable opportunity to be heard.

    (6)     In this section—

"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.

Division 7—Contact with other people

S. 13AZQ inserted by No. 32/2018 s. 9.



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