Victorian Numbered Acts Victorian Numbered Acts(1) In section 464B(1)(b) of the Crimes Act 1958 , after "offence)" insert ", whether in Victoria or elsewhere,".
(2) In section 464B(10) of the Crimes Act 1958 —
(a) in the definition of "child"—
(i) after "him or her" insert "or the giving of informed consent by him or her"; and
(ii) for "section." substitute "section;"; and
(b) insert the following definitions—
""investigating official", in relation to an offence committed outside Victoria, includes a person (other than a person who is engaged in covert investigations under the orders of a superior) who is—
(a) a member of—
(i) the Australian Federal Police; or
(ii) the police force of another State or a Territory; or
(b) a person appointed by or under an Act of the Commonwealth or another State or a Territory whose functions or duties include functions or duties in respect of the prevention or investigation of offences;
Note
Part IC of the Crimes Act 1914 of the Commonwealth applies if the investigating official is a member of the Australian Federal Police.
"offence" includes an offence against a law of the Commonwealth or another State or a Territory.".
(3) After section 464B(10) of the Crimes Act 1958 insert —
"(11) An investigating official may question a person (other than a child) who is held in a prison or police gaol and is reasonably suspected of having committed an offence (whether in Victoria or elsewhere) other than the offence for which he or she is being held about his or her involvement (if any) in that offence if—
(a) the investigating official is satisfied that the person is not incapable of giving informed consent by reason of mental impairment; and
(b) the person gives informed consent in accordance with subsection (13).
Note
Section 41 of the Corrections Act 1986 provides for visits by the police to prisoners, which may include questioning to which this section does not apply.
(12) A person must not be removed from the prison or police gaol in which he or she is being held for the purpose of questioning under subsection (11).
Note
Questioning or investigations involving removal from prison or police gaol may be authorised by a court order under subsection (5).
(13) A person gives informed consent to be questioned if the person consents after an investigating official informs the person, in language likely to be understood by the person, of the following matters—
(a) the nature of the offence which the person is suspected of having committed;
(b) that the person may refuse to be questioned;
(c) that if the person gives consent, he or she does not have to say or do anything but that anything the person does say or do may be given in evidence;
(d) that if the person gives consent, he or she may withdraw that consent at any time before the questioning is completed but anything the person says or does before withdrawal of consent may be given in evidence;
(e) that if the person refuses to be questioned, an application may be made to the Magistrates' Court for an order under this section;
(f) that if the Magistrates' Court makes an order under this section, the person may be delivered into the custody of the investigating official for the purpose of questioning;
(g) the person's rights under sections 464C, 464D and 464F, unless Part IC of the Crimes Act 1914 of the Commonwealth applies.
(14) A person may exercise any applicable right under section 464C, 464D or 464F before deciding whether or not to consent to be questioned.
(15) An audiovisual recording must be made of—
(a) the giving of the information referred to in subsection (13); and
(b) any response of the person in custody to the giving of that information; and
(c) any questioning of the person that takes place and anything said by the person questioned; and
(d) any withdrawal of consent to the questioning.".