PRS Board means the Police Registration and Services Board continued under section 201; PRS Board officer means— (a) a member of the PRS Board; or (b) an employee referred to in section 217(1); or (c) a member of staff referred to in section 217(2); rank means— (a) in relation to a police officer, a rank specified in section 13; (b) in relation to a protective services officer, a rank (if any) prescribed in the regulations; Note See item 2.10 of Schedule 5. Registration Division means the Registration Division of the PRS Board; Note s. 3 See section 203(a). registration function means a function specified in section 202(1)(a); Review Division means the Review Division of the PRS Board; Note See section 203(c). review function means a function specified in section 202(1)(c); special constable means a person appointed under Part 11;
spouse of a person means a person to whom the person is married; testing direction has the meaning given in section 82; Victoria Police means the body established by section 6; Victoria Police employee means a person employed in Victoria Police under Part 3 of the Public Administration Act 2004; Victoria Police equipment means a thing determined under section 60(2)(a) to be Victoria Police equipment; s. 3 Victoria Police identification means a thing determined under section 60(2)(b) to be Victoria Police identification; Victorian Inspectorate has the same meaning as in the Victorian Inspectorate Act 2011. (2) For the purposes of the definition of domestic partner in subsection (1)— (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
This Division applies to members of Victoria Police personnel who are rostered on and who— (a) work in a designated work unit; or (b) carry out a designated work function in the course of their duty or in the performance of their duties. 92 Designated work unit testing The Chief Commissioner may give a testing direction (other than a direction to give a sample of hair) to a person to whom this Division applies who works in a designated work unit if— (a) the Chief Commissioner gives a direction to every person who is rostered on and who works in that designated work unit; or (b) two or more persons have been chosen for testing by random selection from the persons who are rostered on and who work in the same designated work unit. 93 Designated work function testing The Chief Commissioner may give a testing direction (other than a direction to give a sample of hair) to a person to whom this Division applies who carries out a designated work function in the course of his or her duty or in the performance of his or her duties if— (a) the Chief Commissioner gives a direction to every person who is rostered on and who carries out that designated work function in the course of their duty or in the performance of their duties; or (b) two or more persons have been chosen for testing by random selection from the persons who are rostered on and who carry out the same designated function in the course of
(c) if the person is a special conducting an investigation under section 195 in respect of the person; or (d) if the person is a Victoria Police relation to the making of a determination under the Public Administration Act 2004 or an industrial instrument applying to Victoria Police employees as to whether the employee has engaged in unsatisfactory performance, misconduct or serious misconduct; or (e) in a proceeding arising out of, or connected with, an investigation referred to in paragraph (b), (c) or (d). s. 96 (2) The Chief Commissioner may have regard to evidence derived from a sample obtained from a person in accordance with a testing direction given under section 88(2)— (a) if the person is a police officer (other than a special constable) or a protective services officer—in conducting an inquiry or investigation under Part 7, Part 9 or Part 10 in respect of the person; or (b) if the person is a special conducting an investigation under section 195 in respect of the person; or (c) in a proceeding arising out of, or connected with, an investigation referred to in paragraph (a) or (b). (3) To avoid doubt, subsections (1) and (2) apply to evidence derived from a sample obtained in accordance with a testing direction whether or not that evidence was used in any previous management of the person's performance, inquiry, investigation, determination or proceeding of a constable— constable— employee—
255 Unauthorised manufacture, possession, use or supply of Victoria Police identification or Victoria Police equipment s. 255 (1) A person must not manufacture, possess, use or supply any Victoria Police identification or Victoria Police equipment unless— (a) the person manufactures, possesses, uses or supplies the identification or equipment in accordance with the approval of the Chief Commissioner under subsection (2); or (b) the person possesses or uses the identification or equipment for the purposes of, or in the course of, performing his or her duties as a member of Victoria Police personnel; or (c) the person otherwise has a reasonable excuse. Penalty: In the case of an individual, 120 penalty units or imprisonment for 1 year or both; In the case of a body corporate, 600 penalty units. Note See also section 72 of the Criminal Procedure Act 2009, which deals with the evidential burden of proof. (2) The Chief Commissioner may give written approval for a person or class of persons to manufacture, possess, use or supply Victoria Police identification or Victoria Police equipment specified in the approval. (3) An approval under subsection (2)—
(2) For the purpose of a criminal proceeding, any conduct engaged in on behalf of a person other than a body corporate (the principal) is taken to have been engaged in also by the principal, if the conduct was engaged in by an employee of the principal within the scope of the employee's actual or apparent authority. (3) If, in any criminal proceeding, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show— s. 262 (a) that the conduct was engaged in by an officer of the body corporate within the scope of the officer's actual or apparent authority and the officer had that state of mind; or (b) that the conduct was engaged in by an agent of the body corporate and— (i) the agent acted at the specific direction or with the specific consent or agreement of the body corporate; or (ii) the agent had that state of mind; or (iii) the body corporate was aware of the agent's state of mind when the conduct was engaged in. (4) If, in any criminal proceeding, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show— (a) that the conduct was engaged in by an employee of the person within the scope of the employee's actual or apparent authority and the employee had that state of mind; or