Victorian Current Acts Victorian Current Acts(1) Subject to subsections (2) and (3), the Inspector or an authorised Victorian Inspectorate officer may, on behalf of the Victorian Inspectorate, perform a function, or exercise a power, of the Victorian Inspectorate under section 37B(1), (2), (4), (5) or (6).
(2) The Inspector or an authorised Victorian Inspectorate officer must not, on behalf of the Victorian Inspectorate, inspect, under section 37B, a record that is counter-terrorism intelligence unless the Inspector or authorised Victorian Inspectorate officer has been given a security clearance at an appropriate level which enables the Inspector or authorised Victorian Inspectorate officer to inspect that record.
(3) A member of Victoria Police personnel is not required, under section 37B, to give the Inspector or an authorised Victorian Inspectorate officer information that is counter-terrorism intelligence unless the Inspector or authorised Victorian Inspectorate officer has been given a security clearance at an appropriate level which enables the Inspector or authorised Victorian Inspectorate officer to be given that information.
(4) On the Victorian Inspectorate notifying the Chief Commissioner of the date or dates of inspection under section 37B(3), the Chief Commissioner, as soon as practicable after receiving that notification, must advise, in writing, the Victorian Inspectorate as to the appropriate level of security clearance required for the Inspector or an authorised Victorian Inspectorate officer to enable them to, under section 37B—
(a) inspect a record or class of records that is counter-terrorism intelligence; or
(b) receive information that is counter-terrorism intelligence.
(5) The Victorian Inspectorate may authorise in writing a Victorian Inspectorate Officer to perform a function, or exercise a power, under section 37B(1) , (2), (4), (5) or (6) on its behalf.
(6) In this section—
"authorised Victorian Inspectorate officer" means a Victorian Inspectorate Officer authorised under subsection (5);
"Inspector" has the same meaning as in the Victorian Inspectorate Act 2011 ;
"record "includes part of a record;
"Victorian Inspectorate Officer "has the same meaning as in the Victorian Inspectorate Act 2011 , but does not include the Inspector within the meaning of that Act.
S. 37D (Heading) amended by No. 47/2021 s. 21.
S. 37D inserted by No. 32/2018 s. 78.