Victorian Numbered Acts

JUSTICE LEGISLATION MISCELLANEOUS AMENDMENTS ACT 2009 (NO. 87 OF 2009) - SECT 3

See:
Act No.
6231.
Reprint No. 21
as at
7 May 2009
and amending
Act Nos
16/2004, 9/2008, 46/2008, 78/2008, 4/2009, 7/2009, 22/2009 and 25/2009.
LawToday:
www.
legislation.
vic.gov.au

    (1)     In section 464H(1) of the Crimes Act 1958 , for "and the recording (whether audio recording or audiovisual recording) is available to be tendered in evidence" substitute —

"and, 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)     For section 464H(3)(a) and (b) of the Crimes Act 1958 substitute —

    "(a)     if either an audio recording or an audiovisual recording was made, a copy of that recording as soon as practicable but not later than 7 days after the recording was made; and

        (b)     if both an audio recording and an audiovisual recording were made—

              (i)     the audio recording as soon as practicable but not later than 7 days after the recording was made; and

              (ii)     if the person is charged with an offence to which the recording relates, a copy of the audiovisual recording as soon as practicable but not later than 7 days after the person is charged; and

        (c)     if a transcript of the recording is prepared, a copy of the transcript as soon as practicable but not later than 7 days after the transcript was made.".

    (3)     After section 464H(3) of the Crimes Act 1958 insert —

    "(3A)     On request by a person charged with an offence or the legal practitioner representing that person, the investigating official must provide an additional copy of the audiovisual recording referred to in subsection (3).".