Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23yf
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23YF
Character Range: 1245506–1247668

23YF  Obligation of investigating constables relating to tape recordings
 (1) If a tape recording is made as required by a provision of this Part, the investigating constable must ensure that:
 (a) if an audio recording only or a video recording only is made—the recording, or a copy of it, is made available to the suspect, 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, offender or volunteer; and
 (ii) the suspect, offender or volunteer is given an opportunity to view the video recording; and
 (c) in any case, if a transcript of the tape recording is made—a copy of the transcript is made available to the suspect, offender or volunteer.
Note 1: If a forensic procedure is carried out as a result of a request by a foreign country or an international tribunal, a copy of anything made may also be provided to that country or tribunal: see section 23YQB.
Note 2: If a forensic procedure is carried out as a result of a request by a foreign law enforcement agency, a copy of anything made may also be provided to the foreign law enforcement agency: see subsections 23YQD(3) and (4).
 (2) Where an investigating constable is required to ensure that a suspect, offender or volunteer is given an opportunity to view a video recording made under this Part, the investigating constable must ensure that the same opportunity is given to:
 (a) in any case—the suspect's, offender's or volunteer's legal representative; and
 (b) if the suspect, offender or volunteer is a child or an incapable person—an interview friend of the suspect, offender or volunteer; and
 (c) if the investigating constable believes on reasonable grounds that the suspect, offender or volunteer is an Aboriginal person or a Torres Strait Islander—an interview friend of the suspect, offender or volunteer.
 (3) If section 23YD requires forensic material taken from a suspect, offender or volunteer by a forensic procedure to be destroyed, the investigating constable must ensure that any video recording of the carrying out of the forensic procedure is also destroyed.