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CRIMES ACT 1958 - SECT 464ZO

Inspection of records by authorised officers

    (1)     In this section—

"authorised officer" is—

        (a)     the IBAC Commissioner; or

        (b)     a sworn IBAC Officer who is authorised under subsection (2);

"IBAC Commissioner" means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 ;

"police personnel premises" has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011 ;

"records" include the following—

        (a)     forensic material;

        (b)     records or recordings, whether in writing or in digital, audio or audiovisual form or otherwise, of—

              (i)     the taking of a DNA profile sample by informed consent in accordance with section 464SC; and

              (ii)     an authorisation under section 464SE or a senior police officer authorisation or an authorisation under section 464ZFAE;

        (c)     documents on a database;

"sworn IBAC Officer" has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011 .

    (2)     The IBAC Commissioner may authorise a sworn IBAC Officer to exercise the powers of an authorised officer under this section.

    (3)     An authorised officer must, from time to time, inspect any records of Victoria Police or any other person or body that carried out a function or power for the taking of a DNA profile sample that the authorised officer considers necessary to determine the extent of compliance by a member of Victoria Police personnel or the person or body with this Subdivision for the following—

        (a)     the taking of a DNA profile sample by way of informed consent in accordance with section 464SC;

        (b)     an authorisation under section 464SE;

        (c)     a senior police officer authorisation;

        (d)     an authorisation under section 464ZFAE;

        (e)     any matter on which the Chief Commissioner is required to report on under section 464ZFE.

    (4)     For the purpose of an inspection under this section, an authorised officer

        (a)     after notifying the Chief Commissioner of Police, may enter at any reasonable time police personnel premises or any premises occupied by any other person or body that carried out a function or power under this Subdivision; and

        (b)     is entitled to have full and free access at all reasonable times to all records of Victoria Police or any other person or body that carried out a function or power under this Subdivision that are relevant to the inspection; and

        (c)     may require a member of Victoria Police personnel or a relevant person or body to give the authorised officer any information that the IBAC considers necessary, being information that is in that person's or body's possession, or to which the person or body has access, and that is relevant to the inspection; and

        (d)     may do anything that is necessary or convenient to be done to enable an inspection to be carried out under this section.

    (5)     The Chief Commissioner of Police must ensure that members of Victoria Police personnel give an authorised officer any assistance that the authorised officer reasonably requires to enable the authorised officer to perform functions under this section.

S. 464ZP inserted by No. 3/2019 s. 76.



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