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is designed to be broad enough to cover the period where the investigating official is performing functions in connection with the investigation of the commission, or possible commission, of an offence. Accordingly, any admissions made to police during this time will fall within the scope of clause 85. The breadth of this provision is consistent with the traditional caution with which the law treats admissions made to police officers and to other persons in authority. It should be noted that this clause departs from the 2005 LRCs' Report (recommendation 10-1). The clause goes further than the recommendation in two respects. First, subclause (1)(b) is intended to make it clear that covert operatives are not within the ambit of the provision. The possibility that covert operatives could be covered by the clause was considered by Callaway JA in the Victorian Court of Appeal unreported decision R v Tofilau [2006] VSCA 40. Second, the term "official questioning" has been removed from other parts of the Bill so as to avoid any uncertainty. This has occurred in clauses 89, 139, 165 and the Dictionary.