104Obligation of investigating police officers relating to

104 Obligation of investigating police officers relating to electronic recordings (1) If a recording by audiotape, videotape or other electronic means is made as required by this Act, an investigating police officer must ensure that— (a) if an audio recording only or video recording only is made—the recording, or a copy of it, is made available to the suspect, serious offender or volunteer; and (b) if both an audio recording and a video recording are made— (i) the audio recording, or a copy of it, is made available to the suspect, serious offender or volunteer; and (ii) the suspect, serious offender or volunteer is given an opportunity to view the video recording; and (c) in any case, if a transcript of the recording is made—a copy of the transcript is made available to the suspect, serious offender or volunteer. (2) If an investigating police officer is required to ensure that a suspect, serious offender or volunteer is given an opportunity to view a video recording made under this Act, the investigating police officer must ensure that the same opportunity is given to— (a) the suspect’s, serious offender’s or volunteer’s lawyer; and (b) if the suspect, serious offender or volunteer is a child, incapable person or Aboriginal or Torres Strait Islander person—the suspect’s, serious offender’s or volunteer’s interview friend. Note The interview friend may be a lawyer (see s 16).