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JUSTICE LEGISLATION FURTHER AMENDMENT ACT 2010 (NO. 64 OF 2010) - SECT 4

Retention of copy of recording

    (1)     In section 464JC(1) of the Crimes Act 1958 insert the following definition—

""Department Head" has the same meaning as in the Public Administration Act 2004 ;".

    (2)     In section 464JC(2) of the Crimes Act 1958 , after "a recording" insert ", if the recording has been made by a member of the police force in the course of an investigation,".

    (3)     In section 464JC(2) of the Crimes Act 1958 omit "for a period of 7 years from the making of the recording".

    (4)     After section 464JC(2) of the Crimes Act 1958 insert

    "(2A)     If the recording has been made by an authorised person who is not a member of the police force, the recording must be kept in the custody of the Department Head for the Department, where the authorised person made the recording in the course of carrying out duties for or on behalf of that Department.

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

    (5)     In section 464JC(3) of the Crimes Act 1958 , after "Chief Commissioner of Police" insert "or the Department Head".

    (6)     In section 464JC(5) of the Crimes Act 1958

        (a)         in paragraph (a), after "Chief Commissioner of Police" insert "or the Department Head";

        (b)     in paragraph (b), after "Chief Commissioner of Police" insert "or the Department Head".



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