Victorian Numbered Acts

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POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008) - SECT 67

Video-recording of examination

    (1)     This section applies if—

        (a)     a person attends the Director in an examination, or otherwise, in accordance with a witness summons; or

        (b)     a person attending an examination voluntarily is required—

              (i)     to be sworn or to make an affirmation; or

              (ii)     to answer a question.

    (2)     The Director must ensure that the person's attendance is video-recorded.

    (3)     Subject to subsection (4), evidence of anything said by the person during the attendance after the relevant time is inadmissible as evidence against any person in any proceeding unless the attendance was video-recorded from the relevant time and the video-recording is available to be tendered in evidence.

    (4)     A court may admit evidence of anything said by a person during an attendance that is otherwise inadmissible because of subsection (3) if the court is satisfied on the balance of probabilities that the circumstances—

        (a)     are exceptional; and

        (b)     justify the reception of the evidence.

    (5)     In this section—

"relevant time" means—

        (a)     in the circumstances set out in subsection (1)(a)—the time the person began giving evidence or producing a document or thing in compliance with the summons;

        (b)     in the circumstances set out in subsection (1)(b)—the time the requirement was made.



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