Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), evidence of a representation made by a person detained under a preventative detention order that is adverse to the person's interests is inadmissible as evidence against the person in a proceeding for an offence unless—
(a) that representation was recorded by audio recording or audiovisual recording under section 13ZNJ; and
(b) if either an audio recording or an audiovisual recording was made, that recording or, if both an audio recording and an audiovisual recording were made, the audiovisual recording is available to be tendered in evidence.
(2) A court may admit evidence of a representation made by a person detained under a preventative detention order that is otherwise inadmissible by reason of subsection (1) if the person seeking to adduce the evidence satisfies the court on the balance of probabilities that the circumstances—
(a) are exceptional; and
(b) justify the reception of the evidence.
S. 13ZNM inserted by No. 32/2018 s. 38.