13ZCompliance with obligations to inform

13Z Compliance with obligations to inform S. 13Z(1) amended by No. 37/2014 s. 10(Sch. item 167.22(a)). (1) Section 13X(1) or 13Y does not apply if the actions of the person being detained under the preventative detention order make it impracticable for the police officer to comply with that section. S. 13Z(2) amended by No. 37/2014 s. 10(Sch. item 167.22(b)). (2) The police officer detaining the person under the preventative detention order complies with section 13X(1) if the police officer informs the person in substance of the matters covered by section 13X(2) (even if this is not done in language of a precise or technical nature). S. 13Z(3) amended by No. 37/2014 s. 10(Sch. item 167.22(c)). (3) The police officer who is detaining the person under the preventative detention order must arrange for the assistance of an interpreter in complying with section 13X(1) or 13Y if the police officer has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language. (4) Without limiting subsection (3), the assistance of the interpreter may be provided by telephone. (5) The lawfulness of a person's detention under a preventative detention order is not affected by a failure to comply with section 13X(1) or 13Y or subsection (3) of this section. S. 13ZA inserted by No. 5/2006 s. 4. 13ZA Copy of preventative detention order S. 13ZA(1) amended by No. 37/2014 s. 10(Sch. item 167.23(a)). (1) As soon as practicable after a person is first taken into custody or detained under a preventative detention order, the police officer who is detaining the person under the order must give the person— (a) a copy of the order and of any prohibited contact order in force in relation to his or her detention; and (b) a summary of the grounds on which any prohibited contact order is made. S. 13ZA(2) substituted by No. 32/2018 s. 26(1). (2) To avoid doubt, subsection (1)(b) does not require counter-terrorism intelligence to be included in the summary. S. 13ZA(3) amended by No. 37/2014 s. 10(Sch. item 167.23(b)). (3) Despite section 13P(2), a police officer does not need to have a copy of the preventative detention order with him or her, or to produce a copy of the order to the person being taken into custody when the police officer takes the person into custody. S. 13ZA(4) amended by No. 37/2014 s. 10(Sch. item 167.23(c)). (4) As soon as practicable after a preventative detention order is extended, or further extended, under section 13I, the police officer who is detaining the person under the preventative detention order must give the person a copy of the order under section 13I(6). S. 13ZA(5) amended by No. 37/2014 s. 10(Sch. item 167.23(c)). (5) A person who is being detained under a preventative detention order may request a police officer who is detaining the person to arrange for a copy of— (a) the preventative detention order or of any prohibited contact order in force in relation to his or her detention; or (b) any summary given to the person under subsection (1)(b); or (c) any order under section 13I(6)— to be given to a lawyer acting for the person in relation to the order. Notes to s. 13ZA(5) amended by No. 37/2014 s. 10(Sch. item 167.23(c)). 1 Section 13ZF deals with the person's right to contact a lawyer and the obligation of the police officer detaining the person to give the person assistance to choose a lawyer. 2 Section 13ZI prevents the person from contacting a lawyer who is specified in a prohibited contact order. S. 13ZA(6) amended by No. 37/2014 s. 10(Sch. item 167.23(c)). (6) The police officer must make arrangements for a copy of an order or the summary to be given to the lawyer as soon as practicable after the request is made. S. 13ZA(7) amended by No. 32/2018 s. 26(2). (7) Without limiting subsection (6), the copy of an order or the summary may be sent to the lawyer by electronic communication. (8) To avoid doubt, subsection (6) does not entitle the lawyer to be given a copy of, or see, a document other than the preventative detention order, the prohibited contact order, any summary given under subsection (1)(b) or any order under section 13I(6). S. 13ZA(9) amended by No. 37/2014 s. 10(Sch. item 167.23(c)). (9) The police officer who gives— (a) the person being detained under a preventative detention order; or (b) a lawyer acting for the person— a copy of the preventative detention order under this section must endorse on the copy the date on which, and time at which, the person was first taken into custody or detained under the order. S. 13ZA(10) amended by No. 37/2014 s. 10(Sch. item 167.23(c)). (10) Subsection (1), (4), (6) or (9) does not apply if the actions of the person being detained under the preventative detention order make it impracticable for the police officer to comply with that subsection. (11) The lawfulness of a person's detention under a preventative detention order is not affected by a failure to comply with subsection (1), (4), (6) or (9). Division 5—Treatment of person detained S. 13ZB inserted by No. 5/2006 s. 4. 13ZB Humane treatment of person being detained A person being taken into custody, or being detained, under a preventative detention order— (a) must be treated with humanity and with respect for human dignity; and (b) must not be subjected to cruel, inhuman or degrading treatment— by anyone exercising authority under the order or implementing or enforcing the order. A contravention of this section may be an offence under section 13ZN. S. 13ZBA inserted by No. 5/2006 s. 4. 13ZBA Detention of persons under 18 S. 13ZBA(1) amended by No. 37/2014 s. 10(Sch. item 167.24). (1) Subject to subsection (2), the police officer detaining a person who is under 18 years of age under a preventative detention order must ensure that the person is not detained together with persons who are 18 years of age or older. S. 13ZBA(2) amended by No. 32/2018 s. 27. (2) Subsection (1) does not apply if a senior police officer, nominated under section 13P(4) in relation to the preventative detention order, approves the person being detained together with persons who are 18 years of age or older. S. 13ZBA(3) amended by No. 32/2018 s. 27. (3) The senior police officer, nominated under section 13P(4) in relation to the preventative detention order, may give an approval under subsection (2) only if there are exceptional circumstances justifying the giving of the approval. (4) An approval under subsection (2) must— (a) be given in writing; and (b) set out the exceptional circumstances that justify the giving of the approval. S. 13ZC inserted by No. 5/2006 s. 4. 13ZC Restriction on contact with other people S. 13ZC(1) amended by No. 32/2018 s. 28(1). (1) Except as provided by sections 13ZD, 13ZE, 13ZF, 13ZFA, 13ZFB, 13ZFC, 13ZH or 13ZNF, while a person is being detained under a preventative detention order, the person— (a) is not entitled to contact another person; and (b) may be prevented from contacting another person. S. 13ZC(2) amended by Nos 48/2006 s. 42(Sch. item 35.6), 34/2008 s. 143(Sch. 2 item 13.5), 82/2012 s. 167(7), 37/2014 s. 10(Sch. item 167.25(a)), substituted by No. 32/2018 s. 28(2). (2) While a person is being detained in a prison or youth justice facility under a preventative detention order or an order for the person's detention made under a corresponding preventative detention law, the person is required to give to a police officer (within the meaning of this Act) or a police officer (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth), as the case requires, exercising authority under the order any letter that the person wishes to send to any person other than— (a) the Ombudsman under the **Ombudsman Act 1973**; or (b) the IBAC under the **Independent Broad‑based Anti-corruption Commission Act 2011**; or (c) the Commission for Children and Young People; or (d) the Commonwealth Ombudsman under the Ombudsman Act 1976 of the Commonwealth; or (e) the Commissioner or an AFP appointee (within the meaning of the Australian Federal Police Act 1979 of the Commonwealth) under Part V of that Act. S. 13ZC(3) amended by Nos 48/2006 s. 42(Sch. item 35.6), 37/2014 s. 10(Sch. item 167.25(b)(ii)). (3) A prison officer within the meaning of the **Corrections Act 1986** or the officer in charge of a youth justice facility who receives— S. 13ZC(3)(a) amended by Nos 48/2006 s. 42(Sch. item 35.6), 37/2014 s. 10(Sch. item 167.25(b)(i)). (a) from a person being detained in a prison or youth justice facility under an order referred to in subsection (2) a letter required by that subsection to be given to a police officer (within the meaning of this Act) or a police officer (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth) exercising authority under the order; or S. 13ZC(3)(b) amended by No. 48/2006 s. 42(Sch. item 35.6). (b) a letter sent to a person being detained in a prison or youth justice facility under an order referred to in subsection (2)— must as soon as practicable give that letter to such a police officer. S. 13ZC(4) amended by No. 48/2006 s. 42(Sch. item 35.6). (4) This section applies to legal documents exchanged between a lawyer and a person being detained in a prison or youth justice facility under an order referred to in subsection (2) as if that document were a letter. S. 13ZC(5) amended by No. 48/2006 s. 42(Sch. item 35.6). (5) A person being detained in a prison or youth justice facility under an order referred to in subsection (2) may retain any legal documents that are in his or her possession, subject to reasonable quantity limits imposed by the Governor of the prison or the officer in charge of the youth justice facility (as the case requires). 1 This section will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person). 2 A person's entitlement to contact other people under sections 13ZD, 13ZF and 13ZH may be subject to a prohibited contact order made under section 13L or 13M (see section 13ZI). S. 13ZD inserted by No. 5/2006 s. 4. 13ZD Contacting family members etc. S. 13ZD(1) repealed by No. 32/2018 s. 32. S. 13ZD(2) amended by No. 32/2018 s. 29. (2) The person being detained is entitled to contact once— (a) his or her parents or one of his or her other family members; and (b) if he or she— (i) lives with another person and that other person is not a family member of the person being detained; or (ii) lives with other people and those other people are not family members of the person being detained— that other person or one of those other people; and (c) if he or she is employed—his or her employer; and (d) if he or she employs people in a business—one of the people he or she employs in that business; and (e) if he or she engages in a business together with another person or other people—that other person or one of those other people; and S. 13ZD(2)(f) amended by No. 37/2014 s. 10(Sch. item 167.26). (f) if the police officer detaining the person agrees to the person contacting another person—that person— by telephone or electronic communication but solely for the purposes of letting the person contacted know that the person being detained is safe and is being detained. (3) To avoid doubt, the person being detained is entitled, under subsection (2), to disclose— (a) the fact that a preventative detention order has been made in relation to the person; and (b) the fact that the person is being detained; and (4) If the preventative detention order so allows, the person being detained, in addition to any entitlement under subsection (2), is entitled, while being detained under the order, to have further contact with one or more of his or her family members or any other person or persons, as specified in the order. (5) To avoid doubt, the person being detained is entitled to disclose the following to a person with whom he or she has contact under subsection (4)— (a) the fact that a preventative detention order has been made in relation to the person; (b) the fact that the person is being detained; (6) The form of contact that the person being detained is entitled to have with another person under subsection (4) includes— S. 13ZD(6)(b) amended by No. 32/2018 s. 29. (7) The period for which the person being detained is entitled to have contact with another person on any day under subsection (4), and the number of days on which he or she is entitled to have such contact, is as is specified in the preventative detention order. S. 13ZE inserted by No. 5/2006 s. 4, amended by Nos 34/2008 s. 143(Sch. 2 item 13.6), 82/2012 s. 167(8). 13ZE Contacting Ombudsman etc. The person being detained is entitled to contact the Ombudsman under the **Ombudsman Act 1973** or the IBAC. S. 13ZF inserted by No. 5/2006 s. 4. 13ZF Contacting lawyer (1) The person being detained is entitled to contact a lawyer but solely for the purpose of— S. 13ZF(1)(aa) inserted by No. 32/2018 s. 30(1)(a). (aa) the person's entitlement to communicate with a lawyer under section 13ZND or 13ZNE; or (a) obtaining advice from the lawyer about the person's legal rights in relation to— (ii) a prohibited contact order in force in relation to his or her detention; or S. 13ZF(1) (a)(iia) inserted by No. 32/2018 s. 30(1)(b). (iia) the questioning of the person under Division 5A; or (iii) the treatment of the person in connection with the person's detention under the preventative detention order; or S. 13ZF(1) (a)(iv) inserted by No. 32/2018 s. 30(1)(c). (iv) any counter-terrorism intelligence protection order; or (b) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, proceedings in a court for a remedy relating to— (ii) a prohibited contact order in force in relation to his or her detention; or (iii) the treatment of the person in connection with the person's detention under the preventative detention order; or S. 13ZF(1) (b)(iv) inserted by No. 32/2018 s. 30(1)(d). (iv) any counter-terrorism intelligence protection order; or S. 13ZF(1)(c) amended by Nos 34/2008 s. 143(Sch. 2 item 13.7), 82/2012 s. 167(9), 37/2014 s. 10(Sch. item 167.27(a)(i)). (c) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a complaint to the Ombudsman under the **Ombudsman Act 1973**, a complaint to the IBAC under Part 9 of the **Victoria Police Act 2013** or an investigation by the IBAC under Part 3 of the **Independent Broad-based Anti-corruption Commission Act 2011** in relation to— (i) the application for the preventative detention order or a prohibited contact order; or S. 13ZF(1) (c)(ii) amended by No. 37/2014 s. 10(Sch. item 167.27(a)(ii)). (ii) the treatment of the person by a police officer in connection with the person's detention under the preventative detention order; or S. 13ZF(1) (c)(iii) inserted by No. 32/2018 s. 30(1)(e). (iii) any application for a counter-terrorism intelligence protection order; or (d) arranging for the lawyer to act for the person in relation to an appearance, or hearing, before a court or tribunal in a proceeding to which the person is a party or in which he or she otherwise has standing to appear that is to take place while the person is being detained under the order. (2) The form of contact that the person being detained is entitled to have with a lawyer under subsection (1) includes— (a) being visited by the lawyer; and S. 13ZF(2)(b) amended by No. 32/2018 s. 30(2). (b) communicating with the lawyer by telephone or electronic communication; and (c) exchanging legal documents with the lawyer. S. 13ZF(3) amended by No. 37/2014 s. 10(Sch. item 167.27(b)). (a) the person being detained (or, if he or she is under 18 years of age or is incapable of managing his or her affairs, a person with whom he or she has contact under section 13ZH) asks to be allowed to contact a particular lawyer under subsection (1); and S. 13ZF(3)(b)(i) amended by No. 32/2018 s. 30(3). (i) the person is not entitled to contact that lawyer because of section 13ZI (prohibited contact order) or section 13ZNG; or (ii) the person is not able to contact that lawyer— the police officer who is detaining the person must give the person reasonable assistance to choose another lawyer for the person to contact under subsection (1). S. 13ZF(4) amended by No. 37/2014 s. 10(Sch. item 167.27(c)). (4) If the police officer who is detaining a person under a preventative detention order has reasonable grounds to believe that— (a) the person is unable, because of inadequate knowledge of the English language, or a disability, to communicate with reasonable fluency in that language; and (b) the person may have difficulties in choosing or contacting a lawyer because of that inability— the police officer must give the person reasonable assistance (including, if appropriate, by arranging for the assistance of an interpreter) to choose and contact a lawyer under subsection (1). S. 13ZF(5) amended by No. 37/2014 s. 10(Sch. item 167.27(d)). (5) In recommending lawyers as part of giving a person assistance under subsection (3) or (4), the police officer who is detaining the person may give priority to lawyers who have been given a security clearance at an appropriate level by the Attorney-General's Department of the Commonwealth. (6) Despite subsection (5) but subject to section 13ZI, the person is entitled under this section to contact a lawyer who does not have a security clearance of the kind referred to in subsection (5). S. 13ZFA inserted by No. 32/2018 s. 31. 13ZFA Contacting the Commission for Children and Young People (1) A person being detained under a preventative detention order who is a child is entitled to contact the Commission for Children and Young People. (2) The form of contact that the child is entitled to have with another person under subsection (1) includes— S. 13ZFB inserted by No. 32/2018 s. 31. 13ZFB Contact with consular office A person being detained under a preventative detention order who is not a citizen or permanent resident of Australia is entitled to contact the consular office of the country of which the person is a citizen. S. 13ZFC inserted by No. 32/2018 s. 31. 13ZFC Contact with special counsel A person detained under a preventative detention order is entitled to contact a special counsel appointed under section 32 to represent the person's interests under Part 5 for the purposes of section 33(1)(b) or (2)(b). S. 13ZG inserted by No. 5/2006 s. 4. 13ZG Monitoring contact under section 13ZD or 13ZF S. 13ZG(1) amended by No. 37/2014 s. 10(Sch. item 167.28). (1) The contact the person being detained has with another person under section 13ZD or (unless the Supreme Court has otherwise directed under section 13F(6)) 13ZF may take place only if it is conducted in such a way that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under the preventative detention order. (2) The contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively monitored with the assistance of an interpreter. S. 13ZG(3) amended by No. 37/2014 s. 10(Sch. item 167.28). (3) Without limiting subsection (2), the interpreter referred to in that subsection may be a police officer. S. 13ZG(4) amended by No. 37/2014 s. 10(Sch. item 167.28). (4) If the person being detained indicates that he or she wishes the contact to take place in a language other than English, the police officer who is detaining the person must— (a) arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and S. 13ZG(5) substituted by No. 32/2018 s. 33(1). (5) The following are not admissible in evidence against the person who is being, or has been, detained under a preventative detention order in any proceedings in a court or tribunal— (a) any communication between the person and a lawyer for a purpose referred to in section 13ZF(1)(aa), (a), (b), (c) or (d); (b) any information derived from, or obtained as a result of, the monitoring of any communication between the person and a lawyer for a purpose referred to in section 13ZF(1)(aa), (a), (b), (c) or (d). (6) The contact the person being detained has with a lawyer under section 13ZF must not be monitored in accordance with this section if the preventative detention order so provides under section 13F(6). S. 13ZG(7) inserted by No. 32/2018 s. 33(2). (7) This section does not apply to any contact the person being detained has with a lawyer under section 13ZF for the purpose of any communication under section 33(1)(b) or (2)(b). S. 13ZH inserted by No. 5/2006 s. 4. 13ZH Special contact rules for person under 18 or incapable of managing own affairs (1) This section applies if the person being detained under a preventative detention order— (b) is incapable of managing his or her affairs. (2) The person is entitled, while being detained under the order, to have contact with— (b) another person who— (i) is able to represent the person's interests; and (b)(ii) amended by No. 37/2014 s. 10(Sch. item 167.29(a)(i)). (ii) is, as far as practicable in the circumstances, acceptable to the person and to the police officer who is detaining the person; and (b)(iii) amended by No. 37/2014 s. 10(Sch. item 167.29(a)(i)). (iii) is not a police officer; and (iv) is not an AFP member or an AFP employee (within the meaning of the Australian Federal Police Act 1979 of the Commonwealth); and (b)(v) amended by No. 37/2014 s. 10(Sch. item 167.29(a)(ii)). (v) is not a member (however described) of a police force or police service of another State or of a Territory; and (vi) is not an officer or employee of the Australian Security Intelligence Organisation. (3) To avoid doubt— (a) if the person being detained (the ***detainee***) has 2 parents or 2 or more guardians, the detainee is entitled, subject to section 13ZI, to have contact under subsection (2) with each of those parents or guardians; and (b) the detainee is entitled to disclose the following to a person with whom the detainee has contact under subsection (2)— (i) the fact that a preventative detention order has been made in relation to the detainee; (ii) the fact that the detainee is being detained; (iii) the period for which the detainee is being detained. (4) The form of contact that the person being detained is entitled to have with another person under subsection (2) includes— S. 13ZH(4)(b) amended by No. 32/2018 s. 34. (5) The period for which the person being detained is entitled to have contact with another person each day under subsection (2) is— (a) 2 hours; or (b) such longer period as is specified in the preventative detention order. See section 13F(7). S. 13ZH(6) amended by No. 37/2014 s. 10(Sch. item 167.29(b)). (6) Despite subsection (5), the police officer who is detaining the person may permit the person to have contact with a person under subsection (2) for a period that is longer than the period provided for in subsection (5). S. 13ZH(7) amended by No. 37/2014 s. 10(Sch. item 167.29(b)). (7) The contact that the person being detained has with another person under subsection (2) must be conducted in such a way that the content and meaning of any communication that takes place during the contact can be effectively monitored by a police officer exercising authority under the preventative detention order. (8) If the communication that takes place during the contact takes place in a language other than English, the contact may continue only if the content and meaning of the communication in that language can be effectively monitored with the assistance of an interpreter. S. 13ZH(9) amended by No. 37/2014 s. 10(Sch. item 167.29(b)). (9) Without limiting subsection (8), the interpreter referred to in that subsection may be a police officer. S. 13ZH(10) amended by No. 37/2014 s. 10(Sch. item 167.29(b)). (10) If the person being detained indicates that he or she wishes the communication that takes place during the contact to take place in a language other than English, the police officer who is detaining the person must— (a) arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and (11) If— (a) the person being detained has contact under subsection (2) with a parent or guardian of the person; and (b) a prohibited contact order is in force in relation to another parent or guardian of the person— the senior police officer nominated under section 13P(4) in relation to the preventative detention order must inform the parent or guardian with whom the person being detained has had contact that he or she must not disclose to the other parent or guardian information of the kind referred to in section 13ZJ(3)(b). S. 13ZI inserted by No. 5/2006 s. 4, amended by No. 32/2018 s. 35. 13ZI Entitlement to contact subject to prohibited contact order Sections 13ZD, 13ZF, 13ZFB, 13ZH or 13ZNF have effect subject to any prohibited contact order made in relation to the person's detention. S. 13ZJ inserted by No. 5/2006 s. 4. 13ZJ Disclosure offences (1) A person (the ***subject***) commits an offence if— (a) the subject is being detained under a preventative detention order; and (b) the subject intentionally discloses to another person— (i) the fact that a preventative detention order has been made in relation to the subject; or (ii) the fact that the subject is being detained; or (iii) the fact that a prohibited contact order has been made in relation to the subject's detention; and (c) the disclosure occurs while the subject is being detained under the order; and S. 13ZJ(1)(d) amended by No. 32/2018 s. 36(1). (d) the disclosure is not one that the subject is entitled to make under section 13ZD, 13ZE, 13ZF, 13ZFA, 13ZFB, 13ZFC or 13ZH. (2) A person (the ***lawyer***) commits an offence if— (a) a person being detained under a preventative detention order (the ***detainee***) contacts the lawyer under section 13ZF or a person with whom the detainee has contact under section 13ZH contacts the lawyer as mentioned in subsection (3)(e)(ii) of this section; and (b) the lawyer intentionally discloses to another person— (iii) any information that the detainee or other person gives the lawyer in the course of the contact; and (c) the disclosure occurs while the detainee is being detained under the order; and (d) the disclosure is not made for the purposes of— S. 13ZJ(2)(d)(i) amended by No. 32/2018 s. 36(2)(a). (i) proceedings in a court for a remedy relating to the preventative detention order, a prohibited contact order or a counter-terrorism intelligence protection order or the treatment of the detainee in connection with the detainee's detention under the preventative detention order; or S. 13ZJ(2)(d)(ii) amended by No. 34/2008 s. 143(Sch. 2 item 13.7), substituted by No. 82/2012 s. 167(10)(a), amended by Nos 82/2012 s. 319, 37/2014 s. 10(Sch. item 167.30(a)(i)), 32/2018 s. 36(2)(a). (ii) a complaint to the Ombudsman underthe **Ombudsman Act 1973**, a complaint to the IBAC under Part 9 ofthe **Victoria Police Act 2013**, a complaint under section 52 of the **Independent Broad-based Anti‑corruption Commission Act 2011** or an investigation by the IBAC under Part 3 of that Act in relation to the application for the preventative detention order or a prohibited contact order or a counter-terrorism intelligence protection order or the treatment of the detainee by a police officer in connection with the detainee's detention under the preventative detention order; or S. 13ZJ(2) (d)(iia) inserted by No. 32/2018 s. 36(2)(b). (iia) communicating with the Commission for Children and Young People in relation to the performance or exercise of the Commission's functions or powers under or in relation to this Part; or S. 13ZJ(2) (d)(iii) amended by No. 37/2014 s. 10(Sch. item 167.30(a)(ii)). (iii) making representations to the senior police officer nominated under section 13P(4) in relation to the preventative detention order, or another police officer involved in the detainee's detention, about the exercise of powers under the order, the performance of obligations in relation to the order or the treatment of the detainee in connection with the detainee's detention under the order. (3) A person (the ***parent/guardian***) commits an offence if— (a) a person being detained under a preventative detention order (the ***detainee***) has contact with the parent/guardian under section 13ZH; and (b) the parent/guardian intentionally discloses to another person— (iii) any information that the detainee gives the parent/guardian in the course of the contact; and (c) the other person is not a person the detainee is entitled to have contact with under section 13ZH; and (d) the disclosure occurs while the detainee is being detained under the order; and (e) the disclosure is not made for the purposes of— S. 13ZJ(3)(e)(i) amended by Nos 82/2012 s. 167(10)(b), 37/2014 s. 10(Sch. item 167.30(b)(i)), 32/2018 s. 36(3). (i) a complaint to the Ombudsman under the **Ombudsman Act 1973** or the IBAC under Part 9 of the **Victoria Police Act 2013** in relation to the application for the preventative detention order or a prohibited contact order or a counter-terrorism intelligence protection order or the treatment of the detainee by a police officer in connection with the detainee's detention under the preventative detention order; or (ii) contacting a lawyer whom the detainee is entitled to contact under section 13ZF for any purpose for which the detainee is entitled to contact that lawyer under that section; or S. 13ZJ(3) (e)(iii) amended by No. 37/2014 s. 10(Sch. item 167.30(b)(ii)). (iii) making representations to the senior police officer nominated under section 13P(4) in relation to the preventative detention order, or another police officer involved in the detainee's detention, about the exercise of powers under the order, the performance of obligations in relation to the order or the treatment of the detainee in connection with the detainee's detention under the order. S. 13ZJ(4) amended by Nos 32/2018 s. 79(8), 47/2021 s. 22(19)(a). (4) A person who is employed in the Department of Justice and Community Safety, or the Department of Health and Human Services, under Part 3 of the **Public Administration Act 2004** does not contravene subsection (3) merely by making a disclosure to another person employed in that Department in the exercise of powers or performance of functions under or in connection with any Act. Note to s. 13ZJ(4) amended by No. 48/2006 s. 42(Sch. item 35.7), substituted by No. 32/2018 s. 36(4), amended by No. 47/2021 s. 22(19)(b). A child may be in the custody of the Secretary under the **Children, Youth and Families Act 2005**. The Secretary to the Department of Health and Human Services may have parental responsibility for a child under that Act or be the guardian of a child under the **Adoption Act 1984**. A Secretary's functions may be delegated to staff in the Department. (5) To avoid doubt, a person does not contravene subsection (2) or (3) merely by letting another person know that the detainee is safe but is not able to be contacted for a specified period. (6) A person (the ***parent/guardian***) commits an offence if— (a) the parent/guardian is a parent or guardian of a person who is being detained under a preventative detention order (the ***detainee***); and (b) the detainee has contact with the parent/guardian under section 13ZH; and (c) while the detainee is being detained under the order, the parent/guardian intentionally discloses information of the kind referred to in subsection (3)(b) to another parent or guardian of the detainee (the ***other parent/guardian***); and (d) when the disclosure is made, the detainee has not had contact with the other parent/guardian under section 13ZH while being detained under the order; and (e) when the disclosure is made, the parent/guardian has been informed under section 13ZH(11) by the senior police officer nominated under section 13P(4) in relation to the order that the parent/guardian must not disclose information of that kind to the other parent/guardian. (a) a person (the ***parent/guardian***) is a parent or guardian of a person being detained under a preventative detention order (the ***detainee***); and (b) the parent/guardian informs the senior police officer nominated under section 13P(4) in relation to the order that the parent/guardian proposes to disclose information of the kind referred to in subsection (3)(b) to another parent or guardian of the detainee (the ***other parent/guardian***)— that senior police officer may inform the parent/guardian that the detainee is not entitled to contact the other parent/guardian under section 13ZH. The parent/guardian may commit an offence against subsection (3) if the other parent/guardian is a person the detainee is not entitled to have contact with under section 13ZH and the parent/guardian does disclose information of that kind to the other parent/guardian. This is because of the operation of subsection (3)(c). (8) A person (the ***interpreter***) commits an offence if— (a) the interpreter is an interpreter who assists in monitoring the contact that a person being detained under a preventative detention order (the ***detainee***) has with someone while the detainee is being detained under the order; and (b) the interpreter intentionally discloses to another person— (iii) any information that interpreter obtains in the course of assisting in the monitoring of that contact; and (c) the disclosure occurs while the detainee is being detained under the order. (9) A person (the ***disclosure recipient***) commits an offence if— (a) a person (the ***earlier discloser***) discloses to the disclosure recipient— (i) the fact that a preventative detention order has been made in relation to a person; or (ii) the fact that a person is being detained under a preventative detention order; or (iii) any information that a person who is being detained under a preventative detention order communicates to a person while the person is being detained under the order; and (b) the disclosure by the earlier discloser to the disclosure recipient contravenes— (i) subsection (1), (2), (3), (6) or (8); or (ii) this subsection; and (c) the disclosure recipient intentionally discloses that information to another person; and (d) the disclosure by the disclosure recipient occurs while the person referred to in paragraph (a)(i), (ii) or (iii) is being detained under the order; and (e) the disclosure is not made to a person exercising authority under the preventative detention order or implementing or enforcing the order or with responsibility for the safety or well-being of the person being detained under the order. (10) A person (the ***monitor***) commits an offence if— (a) the monitor is— S. 13ZJ(10) (a)(i) amended by No. 37/2014 s. 10(Sch. item 167.30(c)). (i) a police officer who monitors; or (ii) an interpreter who assists in monitoring— contact that a person being detained under a preventative detention order (the ***detainee***) has with a lawyer under section 13ZF while the detainee is being detained under the order; and (b) information is communicated in the course of that contact; and (c) the information is communicated for one of the purposes referred to in section 13ZF(1); and (d) the monitor intentionally discloses that information to another person. See also section 13ZG(5). S. 13ZK (Heading) amended by No. 32/2018 s. 37(1). S. 13ZK inserted by No. 5/2006 s. 4. 13ZK Questioning of person prohibited while person is detained if Court orders S. 13ZK(1AA) inserted by No. 32/2018 s. 37(2). (1AA) This section applies if the Supreme Court makes a preventative detention order subject to a questioning prohibition condition. S. 13ZK(1) amended by No. 37/2014 s. 10(Sch. item 167.31(a)(i)). (1) A police officer must not question a person while the person is being detained under a preventative detention order except for the purposes of— (a) determining whether the person is the person in relation to whom the order is made; or (b) ensuring the safety and well‑being of the person being detained; or S. 13ZK(1)(c) amended by No. 37/2014 s. 10(Sch. item 167.31(a)(ii)). (c) allowing the police officer to comply with a requirement of this Part in relation to the person's detention under the order. S. 13ZK(2) amended by No. 37/2014 s. 10(Sch. item 167.31(b)). (2) A police officer must not question a person while the person is being detained under an order made under a corresponding preventative detention law. S. 13ZK(3) amended by No. 37/2014 s. 10(Sch. item 167.31(b)). (3) If a police officer questions a person while the person is being detained under a preventative detention order, the police officer who is detaining the person must ensure that— (a) a video recording is made of the questioning if it is practicable to do so; or (b) an audio recording is made of the questioning if it is not practicable for a video recording to be made of the questioning. (4) Subsection (3) does not apply if— (a) the questioning occurs to— (i) determine whether the person is the person in relation to whom the order is made; or (ii) ensure the safety and well-being of the person being detained; and (b) complying with subsection (3) is not practicable because of the seriousness and urgency of the circumstances in which the questioning occurs. (5) A recording made under subsection (3) must be kept for the period of 12 months after the recording is made. 1 This section will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person). 2 A contravention of this section may be an offence under section 13ZN. S. 13ZL inserted by No. 5/2006 s. 4. 13ZL Taking identification material S. 13ZL(1) amended by No. 37/2014 s. 10(Sch. item 167.32(a)). (1) A police officer must not take identification material from a person who is being detained under a preventative detention order except in accordance with this section. S. 13ZL(2) amended by No. 37/2014 s. 10(Sch. item 167.32(b)(i)). (2) A police officer who is of or above the rank of sergeant may take identification material from the person, or cause identification material from the person to be taken, if— (a) the person consents in writing; or S. 13ZL(2)(b) amended by No. 37/2014 s. 10(Sch. item 167.32(b)(ii)). (b) the police officer believes on reasonable grounds that it is necessary to do so for the purpose of confirming the person's identity as the person in relation to whom the order is made; or S. 13ZL(2)(c) amended by No. 37/2014 s. 10(Sch. item 167.32(b)(ii)). (c) the police officer believes on reasonable grounds that it is necessary to do so for the purpose of documenting an illness or injury suffered by the person while being detained under the order. S. 13ZL(3) amended by No. 37/2014 s. 10(Sch. item 167.32(c)). (3) A police officer may use such force as is necessary and reasonable in the circumstances to take identification material from a person under this section. S. 13ZL(4) amended by No. 37/2014 s. 10(Sch. item 167.32(c)). (4) Subject to this section, a police officer must not take identification material (other than hand prints, finger prints, foot prints or toe prints) from the person if the person— (b) is incapable of managing his or her affairs— unless the Magistrates' Court or the Children's Court (in the case of a person under 18 years of age) orders that the material be taken. (5) In deciding whether to make such an order, the Magistrates' Court or the Children's Court (as the case requires) must have regard to— (a) the age, or any disability, of the person; and (b) such other matters as it thinks fit. (6) The taking of identification material from a person who— (b) is incapable of managing his or her affairs— must be done in the presence of— (c) a parent or guardian of the person; or (d) if a parent or guardian of the person is not acceptable to the person—another appropriate person. 1 For ***appropriate person***, see subsection (10). 2 A contravention of this subsection may be an offence under section 13ZN. (7) Despite this section, identification material may be taken from a person who is under 18 years of age and is capable of managing his or her affairs if— (a) subsections (8) and (9) are satisfied; or (b) subsection (8) or (9) is satisfied (but not both) and the Children's Court orders that the material be taken. In deciding whether to make such an order, the Children's Court must have regard to the matters set out in subsection (5). (8) For the purposes of subsection (7) this subsection is satisfied if the person agrees in writing to the taking of the material. (9) For the purposes of subsection (7) this subsection is satisfied if either— (b) if a parent or guardian is not acceptable to the person—another appropriate person— agrees in writing to the taking of the material. For ***appropriate person***, see subsection (10). (10) A reference in this section to an ***appropriate person*** in relation to a person (the ***subject***) who is under 18 years of age, or incapable of managing his or her affairs, is a reference to a person who— (a) is capable of representing the subject's interests; and S. 13ZL(10)(b) amended by No. 37/2014 s. 10(Sch. item 167.32(d)(i)). (b) as far as is practicable in the circumstances, is acceptable to the subject and the police officer who is detaining the subject; and (c) is none of the following— S. 13ZL(10) (c)(i) substituted by No. 37/2014 s. 10(Sch. item 167.32(d) (ii)(A)). (i) a police officer; (ii) an AFP member or an AFP employee (within the meaning of the Australian Federal Police Act 1979 of the Commonwealth); S. 13ZL(10) (c)(iii) amended by No. 37/2014 s. 10(Sch. item 167.32(d) (ii)(B)). (iii) a member (however described) of a police force or police service of another State or of a Territory; (iv) an officer or employee of the Australian Security Intelligence Organisation. S. 13ZM inserted by No. 5/2006 s. 4. 13ZM Use of identification material (1) This section applies if identification material is taken under section 13ZL from a person being detained under a preventative detention order. (2) The material may be used only for the purpose of determining whether the person is the person in relation to whom the order is made. S. 13ZM(3) amended by Nos 48/2006 s. 42(Sch. item 35.6), 32/2018 s. 79(9), 47/2021 s. 22(20)(a). (3) To avoid doubt, if the person is being detained in a prison or youth justice facility under the preventative detention order, the material may be provided to the Secretary and used by him or her only for the purpose of identifying the person while he or she is detained in the prison or youth justice facility. S. 13ZM(4) amended by Nos 32/2018 s. 79(10), 47/2021 s. 22(20)(b). (a) a period of 12 months elapses after the identification material is taken; and (b) proceedings in respect of— (ii) the treatment of the person in connection with the person's detention under the order— have not been brought, or have been brought and discontinued or completed, within that period— the material (including material provided to the Secretary) must be destroyed as soon as practicable after the end of that period. S. 13ZN inserted by No. 5/2006 s. 4. 13ZN Offences of contravening safeguards (a) the person does an act or omits to perform an act; and (b) the act or omission contravenes— (i) section 13X(1); or (ii) section 13Y; or (iii) section 13ZA(1), (4), (6) or (9); or (iv) section 13ZB; or (v) section 13ZBA(1); or (vi) section 13ZF(3); or (vii) section 13ZG(6); or (viii) section 13ZH(11); or (ix) section 13ZK(1), (2) or (3); or (x) section 13ZL(1), (4) or (6); or (xi) section 13ZM(2). 1. Level 7 imprisonment (2 years maximum). Pt 2A Div. 5A (Headings and ss 13ZNA–13ZNO) inserted by No. 32/2018 s. 38. Division 5A—Questioning S. 13ZNA inserted by No. 32/2018 s. 38. 13ZNA Application This Division applies if— (a) the Supreme Court makes a preventative detention order; and (b) that order is not subject to a questioning prohibition condition. Subdivision 2—Authority to question S. 13ZNB inserted by No. 32/2018 s. 38. 13ZNB Questioning during detention (1) Subject to this Division, a police officer may question a person being detained under a preventative detention order in connection with— (a) a terrorist act in relation to which the preventative detention order relating to the person was made; or (b) any other terrorist act that— (i) has occurred within 28 days before the day on which the preventative detention order relating to the person was made; or (ii) the authorised police officer who applied for the preventative detention order has reasonable grounds to suspect could occur within 14 days after the day on which the police detention decision relating to the person was made. (2) Before any questioning under subsection (1) commences, the police officer must inform the person being detained under the preventative detention order that— (a) the person does not have to say or do anything but that anything the person does say or do may be given in evidence; and (b) the person may communicate with or attempt to communicate with a lawyer (whether the term legal practitioner or lawyer is used); and (c) if the person is not a citizen or permanent resident of Australia—the person may communicate with or attempt to communicate with the consular office of the country of which the person is a citizen; and (d) if the police officer has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language—the person may request the assistance of an interpreter. (3) In addition, before any questioning under subsection (1) commences, the police officer must inform the person being detained under the preventative detention order of the reasons for the making of the preventative detention order. (4) The duration of any period of questioning of a person being detained under the preventative detention order must be— (a) reasonable; and (b) consistent with any questioning limitation condition. (5) The person must also be given— (a) a rest from questioning for a continuous period of 8 hours in any period of 24 hours of detention; and (b) reasonable breaks during any period of questioning. (6) This section does not prevent the questioning of a person being detained under the preventative detention order for the purposes of— (a) ensuring the safety and wellbeing of the person; or (b) allowing a police officer to comply with a requirement imposed by law on the police officer in relation to the detention of the person. S. 13ZNC inserted by No. 32/2018 s. 38. 13ZNC Questioning to be deferred to allow for interpreter (1) This section applies if a police officer has reasonable grounds to believe that a person being detained under a preventative detention order is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language. (2) A police officer must, before any questioning under section 13ZNB commences, arrange for the presence of a competent interpreter and defer the questioning until the interpreter is present. S. 13ZND inserted by No. 32/2018 s. 38. 13ZND Questioning to be deferred to enable communication with lawyer or consular office Subject to sections 13ZI and 13ZNG, a police officer must defer questioning under section 13ZNB for a time that is reasonable in the circumstances to enable the person being detained to communicate, or attempt to communicate, with— (a) a lawyer; or See also section 13ZF. (b) if the person is not a citizen or permanent resident of Australia—the consular office of the country of which the person is a citizen. S. 13ZNE inserted by No. 32/2018 s. 38. 13ZNE Role of lawyers during questioning If a person being detained under a preventative detention order arranges for a lawyer to be present during the questioning under section 13ZNB, the police officer conducting the questioning, subject to sections 13ZI and 13ZNG, must— (a) before any questioning commences, allow the person to communicate with the lawyer; and (b) allow the lawyer to be present during any questioning and to give advice to the person. S. 13ZNF inserted by No. 32/2018 s. 38. 13ZNF Questioning of children (1) This section applies if a person being detained under a preventative detention order is a child. (2) Subject to sections 13ZI and 13ZNG, a police officer must not question the child under section 13ZNB unless— (a) a parent or guardian of the child or, if a parent or guardian is not available, an independent person is present; and (b) before any questioning commences, the police officer has allowed the child to communicate with the child's parent or guardian or the independent person. (3) In addition but subject to subsection (5), if the child, or parent or guardian of the child, does not arrange for a lawyer to be present during questioning under section 13ZNB, a police officer must request Victoria Legal Aid to arrange for a lawyer to be present during questioning. (4) Despite anything in the **Legal Aid Act 1978**, Victoria Legal Aid must arrange a lawyer (a ***VLA arranged lawyer***) to be present during questioning and to offer to provide legal advice to the child. (5) If during questioning of the child, a police officer believes on reasonable grounds that the VLA arranged lawyer is unreasonably interfering with the questioning, the police officer may stop that lawyer from being present during that questioning. In the case of a lawyer who is not a VLA arranged lawyer, see section 13ZNG. (6) During any questioning of the child, the child, the child's parent or guardian, the independent person or any lawyer who is present during questioning may request a break in the questioning if the child becomes distressed or unable to concentrate. (7) A police officer conducting the questioning must not unreasonably refuse to accede to a request under subsection (6). S. 13ZNG inserted by No. 32/2018 s. 38. 13ZNG Communication with lawyers, consular officials, parents, guardians or independent person may be restricted A police officer does not have to comply with section 13ZND, 13ZNE or 13ZNF(2) if the police officer believes on reasonable grounds that— (a) the communication or contact would result in— (i) a risk arising in relation to action being taken to prevent a terrorist act occurring; or (ii) serious harm to a person; or (iii) the destruction of evidence of, or relating to, a terrorist act; or (iv) interference with the gathering of information about— (A) a terrorist act; or (B) the preparation for, or the planning of, a terrorist act; or (v) a risk arising in relation to— (A) the arrest of a person who is suspected of having committed an offence against Part 5.3 of the Criminal Code of the Commonwealth; or (B) the taking into custody of a person in relation to whom a police detention decision is in effect, or in relation to whom a police detention decision is likely to be made; or (C) the taking into custody of a person in relation to whom a preventative detention order is in force, or in relation to whom a preventative detention order is likely to be made; or (D) the service on a person of a Commonwealth control order; or (b) the questioning is so urgent, having regard to the safety of other people, that it should not be delayed; or (c) in the case of a lawyer who is present during the questioning, the lawyer is unreasonably interfering with the questioning. Subdivision 3—Recording of questioning S. 13ZNH inserted by No. 32/2018 s. 38. 13ZNH Definitions In this Subdivision— S. 13ZNH def. of *authorised person* amended by No. 31/2024 s. 113(Sch. 1 item 39.7). ***authorised person*** means any of the following— (a) a member of Victoria Police personnel (other than a protective services officer); (b) a person or body engaged to provide services to Victoria Police in relation to the installation or maintenance of recording equipment; (c) the Director of Public Prosecutions for Victoria or a person acting under the authority of the Director; (d) the Chief Crown Prosecutor or a Crown Prosecutor or Associate Crown Prosecutor appointed under the **Public Prosecutions Act 1994**; (e) a person employed in the Office of Public Prosecutions under the **Public Prosecutions Act 1994**; (f) a lawyer representing— (i) the State; or (ii) an informant; (g) a lawyer representing a person recorded under section 13ZNJ; (h) an officer or employee of Victoria Legal Aid employed under the **Legal Aid Act 1978**; (i) a court or a person acting under the direction of a court; (j) a coroner within the meaning of the **Coroners Act 2008** or a person acting under the direction of a coroner; (k) the Information Commissioner appointed under the **Freedom of Information Act 1982** or the Privacy and Data Protection Deputy Commissioner appointed under the **Privacy and Data Protection Act 2014**; (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; (m) the Commissioner within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011** or a person acting under the direction of the Commissioner; (n) the Chief Integrity Inspector within the meaning of the **Integrity Oversight Victoria Act 2011** or a person acting under the direction of the Chief Integrity Inspector; (o) a member of the Legislative Assembly or Legislative Council or a person acting under the direction of the member; (p) a person, or person belonging to a class of persons, prescribed for the purposes of this definition; (q) a police officer or person acting under the direction of the police officer; (r) a person engaged by a Department or agency to store or retrieve a record; ***publish*** means— (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; ***recording*** means a recording made in accordance with section 13ZNJ; ***representation*** has the same meaning as in the **Evidence Act 2008**. S. 13ZNI inserted by No. 32/2018 s. 38. 13ZNI Digital recordings If this Subdivision requires an audio recording or an audiovisual recording to be made and the recording is made in a digitised format, the maker of the recording must certify that the recording has not been altered after its making and that the prescribed requirements, if any, in relation to the method of recording have been met. S. 13ZNJ inserted by No. 32/2018 s. 38. 13ZNJ Recording of questioning (1) A police officer who questions a person under this Division must, in accordance with this section, record the following things (the ***questioning matter***)— (a) the questioning of the person; (b) the giving of information to the person under section 13ZNB(2) and (3); (c) the person's responses (if any) to any questions and the giving of that information. (2) If the person being questioned is a child, the police officer must make an audiovisual recording of the questioning matter. (3) If the person being questioned is not a child, the police officer must ensure that— (a) an audiovisual recording is made of the questioning matter if it is practicable to do so; or (b) an audio recording is made of the questioning matter if it is not practicable for an audiovisual recording to be made of the questioning matter. S. 13ZNK inserted by No. 32/2018 s. 38. 13ZNK Person questioned to be given copy of recordings (1) If the questioning of a person or the giving of information is recorded as required under section 13ZNJ, the police officer must give to the person or the person's lawyer without charge— (a) if either an audio recording or an audiovisual recording was made, a copy of that recording as soon as practicable but not later than 7 days after the recording was made; and (b) if both an audio recording and an audiovisual recording were made— (i) the audio recording as soon as practicable but not later than 7 days after the recording was made; and (ii) if the person is charged with an offence to which the recording relates, a copy of the audiovisual recording as soon as practicable but not later than 7 days after the person is charged; and (c) if a transcript of the recording is prepared, a copy of the transcript as soon as practicable but not later than 7 days after the transcript was made. (2) The person or the lawyer representing the person may request an additional copy of the audiovisual recording referred to in subsection (1). (3) On receiving a request under subsection (2), a police officer must give an additional copy of the audiovisual recording. S. 13ZNL inserted by No. 32/2018 s. 38. 13ZNL Evidence of representations (1) Subject to subsection (2), evidence of a representation made by a person detained under a preventative detention order that is adverse to the person's interests is inadmissible as evidence against the person in a proceeding for an offence unless— (a) that representation was recorded by audio recording or audiovisual recording under section 13ZNJ; and (b) if either an audio recording or an audiovisual recording was made, that recording or, if both an audio recording and an audiovisual recording were made, the audiovisual recording is available to be tendered in evidence. (2) A court may admit evidence of a representation made by a person detained under a preventative detention order that is otherwise inadmissible by reason of subsection (1) if the person seeking to adduce the evidence satisfies the court on the balance of probabilities that the circumstances— (a) are exceptional; and (b) justify the reception of the evidence. S. 13ZNM inserted by No. 32/2018 s. 38. 13ZNM Offences in relation to recordings (1) A person must not knowingly possess an audio recording or an audiovisual recording unless the person— (a) is the person who was questioned and given information under section 13ZNB and the audio recording or audiovisual recording is a recording of that questioning and that giving of information; or (b) is a lawyer representing the person referred to in paragraph (a); or (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. (2) A person must not play an audio recording or an audiovisual recording to another person unless— (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 (c) the recording is played for purposes connected with disciplinary action against a police officer under the **Victoria Police Act 2013**; or (d) the recording is played for purposes connected with disciplinary action against a lawyer; or (e) the recording is played in accordance with the direction of a court under section13ZNN; or (f) the recording is played by an authorised person acting in the course of his or her duties. (3) A person must not supply or offer to supply an audio recording or an audiovisual recording to another person other than— (b) a lawyer representing the person referred to in paragraph (a); or (c) an authorised person acting in the performance of his or her duties; or (d) a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording. (4) 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 13ZNN. (5) 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 13ZNO, except in accordance with the direction of a court under section 13ZNN. (6) 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 13ZNN. Penalty: In the case of a natural person, level 7 imprisonment (2 years maximum); In the case of a body corporate, 1200 penalty units. S. 13ZNN inserted by No. 32/2018 s. 38. 13ZNN Court may give directions in relation to a recording A court may give directions, with or without conditions, as to the supply, copying, editing, erasure, playing or publishing of an audio recording or an audiovisual recording. S. 13ZNO inserted by No. 32/2018 s. 38. 13ZNO Retention of copy of recording (1) The Chief Commissioner must keep a copy of a recording, if the recording has been made by a police officer under this Division, in safe custody. (2) A recording referred to in subsection (1) must be kept for a period of 7 years from the making of the recording. (3) If a court is satisfied that there is good cause to keep a copy of a recording for a period longer than 7 years, the court may order that the Chief Commissioner retain the copy for a further period specified in the order. (4) An application for an order under subsection (3) may be made by— (b) an authorised person acting in the performance of the person's duties. (5) The court must not make an order under subsection (3) unless— (a) the court is satisfied that the applicant has given reasonable notice of the application to— (i) the person in relation to whom the recording was made; and (ii) the Chief Commissioner; and (b) the court has given that person and the Chief Commissioner a reasonable opportunity to be heard. (a) if a criminal proceeding to which the recording relates has commenced but has not been completed, the court hearing the proceeding; (b) in any other case, the Magistrates' Court. Division 6—Miscellaneous S. 13ZO inserted by No. 5/2006 s. 4. 13ZO Standard of proof Any question of fact to be decided by a court on an application under this Part is to be decided on the balance of probabilities. S. 13ZP inserted by No. 5/2006 s. 4. 13ZP Nature of proceedings (1) Proceedings on an application under this Part are civil in nature, except as otherwise provided by this Part. (2) Despite subsection (1), the rules regulating the practice and procedure of a court in civil proceedings do not apply to a proceeding on an application under this Part. S. 13ZP(3) repealed by No. 32/2018 s. 70. S. 13ZQ (Heading) amended by No. 37/2014 s. 10(Sch. item 167.33). S. 13ZQ inserted by No. 5/2006 s. 4, amended by No. 37/2014 s. 10(Sch. item 167.34(c)). 13ZQ Police detaining person under a preventative detention order If— S. 13ZQ(a) amended by No. 37/2014 s. 10(Sch. item 167.34(a)). (a) a number of police officers are detaining, or involved in the detention of, a person under a preventative detention order at a particular time; and S. 13ZQ(b) amended by No. 37/2014 s. 10(Sch. item 167.34(b)). (b) a power or obligation is expressed in this Part to be conferred or imposed on the police officer detaining the person— the power or obligation is conferred or imposed at that time on the most senior of those police officers. S. 13ZR inserted by No. 5/2006 s. 4, amended by Nos 34/2008 s. 143(Sch. 2 item 13.8), 82/2012 ss 167(11), 319, 37/2014 s. 10(Sch. item 167.35), repealed by No. 32/2018 s. 76. S. 13ZS inserted by No. 5/2006 s. 4, amended by Nos 34/2008 s. 143(Sch. 2 item 13.9), 82/2012 s. 167(12), 37/2014 s. 10(Sch. item 167.35). 13ZS Ombudsman etc. functions and powers not affected This Part does not affect a function or power of the Ombudsman under the **Ombudsman Act 1973** or the IBAC under Part 9 of the **Victoria Police Act 2013** or Part 3 of the **Independent Broad-based Anti-corruption Commission Act 2011**. S. 13ZT (Heading) amended by No. 69/2009 s. 54(Sch. Pt 1 item 55.2). S. 13ZT inserted by No. 5/2006 s. 4, amended by No. 69/2009 s. 54(Sch. Pt 1 item 55.3). 13ZT Law relating to legal professional privilege and client legal privilege not affected To avoid doubt, this Part does not affect the law relating to legal professional privilege or client legal privilege. S. 13ZU inserted by No. 5/2006 s. 4, repealed by No. 32/2018 s. 39. S. 13ZV inserted by No. 5/2006 s. 4, repealed by No. 70/2015 s. 11.