Offences in relation to recordings
13AZN Offences in relation to recordings
S. 13AZN inserted by No. 32/2018 s. 9.
A person must not knowingly possess an audio recording or an audiovisual recording unless the person—
is the person who was questioned and given information under section 13AZC and the audio recording or audiovisual recording is a recording of that questioning and that giving of information; or
is a lawyer representing the person referred to in paragraph (a); or
is an authorised person acting in the performance of their duties; or
has possession of the recording in a sealed package in the course of their duties as a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording to that person.
Penalty: In the case of a natural person, level 8 imprisonment (1 year maximum);
In the case of a body corporate, 600 penalty units.
A person must not play an audio recording or an audiovisual recording to another person unless—
the recording is played for purposes connected with any civil or criminal proceeding and any inquiry before any court or tribunal; or
the recording is played for purposes connected with an investigation of a death or a fire or an inquest held by a coroner; or
the recording is played for purposes connected with disciplinary action against a police officer under the Victoria Police Act 2013; or
the recording is played for purposes connected with disciplinary action against a lawyer; or
the recording is played in accordance with the direction of a court under section 13AZO; or
the recording is played by an authorised person acting in the course of their duties.
Penalty: In the case of a natural person, level 8 imprisonment (1 year maximum);
In the case of a body corporate, 600 penalty units.
A person must not supply or offer to supply an audio recording or an audiovisual recording to another person other than—
the person in relation to whom the recording was made; or
a lawyer representing the person referred to in paragraph (a); or
an authorised person acting in the performance of their duties; or
a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording.
Penalty: In the case of a natural person, level 8 imprisonment (1 year maximum);
In the case of a body corporate, 600 penalty units.
A person, other than an authorised person acting in the performance of their duties, must not copy the whole or any part of an audio recording or an audiovisual recording or permit another person to make such a copy, unless the person is acting in accordance with the direction of a court under section 13AZO.
Penalty: In the case of a natural person, level 8 imprisonment (1 year maximum);
In the case of a body corporate, 600 penalty units.
An authorised person must not knowingly or recklessly tamper with, modify or erase (in whole or in part) a recording while the recording is being retained under section 13AZP, except in accordance with the direction of a court under section 13AZO.
Penalty: In the case of a natural person, level 8 imprisonment (1 year maximum);
In the case of a body corporate, 600 penalty units.
A person must not publish or cause to be published the whole or any part of an audio recording or an audiovisual recording except in accordance with the direction of a court under section 13AZO.
Penalty: In the case of a natural person, level 7 imprisonment (2 years maximum);
In the case of a body corporate, 1200 penalty units.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.