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Act index » Part III - Procedure and punishment » Division 1 - Pleading procedure, proof &c. » Subdivision (30A) - Custody and investigation
S. 464JA(1) def. of authorised person amended by Nos 64/2010 s. 3(1), 43/2012 s. 3(Sch. item 11.2), 82/2012 s. 159(1), 37/2014 s. 10(Sch. item 36.19(a)), 31/2024 s. 113(Sch. 1 item 7).
(l)the Chief Examiner or an Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004 or a person acting under the direction of the Chief Examiner or an Examiner;
(r)a person engaged by a Department or agency to store or retrieve a record;
(a)insert in a newspaper or other publication; or
(b)disseminate by broadcast, telecast or cinematograph; or
(c)bring to the notice of the public or any member of the public by any other means, including by publication on the Internet;
(2)A person must not knowingly possess an audio recording or an audiovisual recording unless the person— Penalty: Level 8 imprisonment (1 year maximum).
(c)is an authorised person acting in the performance of his or her duties; or
(d)has possession of the recording in a sealed package in the course of his or her duties as a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording to that person.
The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of the Sentencing Act 1991.
(3)A person must not play an audio recording or an audiovisual recording to another person unless— Penalty: Level 8 imprisonment (1 year maximum).
(a)the recording is played for purposes connected with any civil or criminal proceeding and any inquiry before any court or tribunal; or
(b)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 maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of the Sentencing Act 1991.
(4)A person must not supply or offer to supply an audio recording or an audiovisual recording to another person other than— Penalty: Level 8 imprisonment (1 year maximum).
(c)an authorised person acting in the performance of his or her duties;
(d)a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording.
The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of the Sentencing Act 1991.
(5)A person, other than an authorised person acting in the performance of his or her 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 464JB. Penalty: Level 8 imprisonment (1 year maximum).
The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of the Sentencing Act 1991.
(6)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 464JC, except in accordance with the direction of a court under section 464JB. Penalty: Level 8 imprisonment (1 year maximum).
The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of the Sentencing Act 1991.
(7)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 464JB. Penalty: Level 7 imprisonment (2 years maximum).
The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 1200 penalty units: see section 113D of the Sentencing Act 1991.
(8)An offence against a provision of this section is a summary offence.