section 67, Division 6 of Part 4, Part 7, Part 9 or Part 10; or (ii) an investigation of a special constable under section 195; or (iii) a determination under the Public Administration Act 2004 or an industrial instrument applying to Victoria Police employees as to whether a Victoria Police employee has engaged in unsatisfactory performance, misconduct or serious misconduct; or (d) in an investigation by the IBAC or a proceeding arising out of, or connected with, an investigation by the IBAC that relates to a member of Victoria Police personnel; or (e) in a proceeding arising out of, or connected with, a critical incident (including a police tort claim). (3) Subsection (2) does not apply to evidence derived from a sample obtained in accordance with section 86(2) if the person from whom the sample was taken refuses or has refused to consent to the use of the evidence. (4) To avoid doubt, subsection (2) applies to evidence derived from a sample obtained in accordance with a testing direction whether or not that evidence was used in any previous inquiry, investigation, determination or proceeding of a kind referred to in subsection (2). (5) In this section— proceeding includes a coronial inquest or inquiry. 98 Confidentiality of test results s. 98 The Chief Commissioner must ensure that the result of any test conducted in accordance with a
In this Division— aircraft means a machine or structure used or intended to be used for navigation of the air; motor vehicle has the same meaning as in the Road Safety Act 1986; public place has the same meaning as in the Summary Offences Act 1966; relevant offence means an offence against any of the following— (a) section 138(2) (failure of suspended officer to return Victoria Police equipment or identification); (b) section 227 (unauthorised access to, use of or disclosure of police information by members or former members of Victoria Police personnel—summary offence); (c) section 228 (unauthorised access to, use of or disclosure of police information by members or former members of Victoria Police personnel—indictable offence); (d) section 229 (unauthorised access to, use of or disclosure of police information by service providers); s. 263 (e) section 252 (bribery and corruption by police or protective services officers); (f) section 253 (bribery and corruption towards police or protective services officers); (g) section 254 (failure to return Victoria Police identification or Victoria Police equipment);
day is taken on and after that day to be declaration in force under section 247 of this Act. 38 Requests for vehicle accident information made before commencement day A request for vehicle accident information made under section 118N of the old Act that is outstanding on the commencement day is taken to be a request made under section 248 of this Act. 39 Offences in relation to vehicle accident information Section 251 of this Act applies to vehicle accident information disclosed to a person under section 118P of the old Act before the commencement day as if it were vehicle accident information disclosed to the under this Act. 40 Authorisation of media organisations An authorisation in force under section 118W(1) of the old Act immediately before the commencement day is taken on and after that day to be an authorisation under section 236(1) of this Act. 41 Applications for and use of agency photographs (1) An application for the giving of an agency photograph made under section 118S of the old Act that is outstanding on the commencement day is taken to be an application made under section 237 of this Act. (2) An authorisation to give an agency photograph to an authorised media organisation that was in force under section 118R of the old Act immediately before the commencement day is taken on and after that day to be an authorisation under section 236 of this Act to give an agency photograph to that authorised media organisation.