Criminal Procedure Amendment Regulations 2025 (Vic)
Criminal Procedure Amendment Regulations 2025
S.R. No. 104/2025
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Objectives
6Use of Division 5 recordings, copies or transcripts
7New regulation 12A inserted
8Regulation 13 substituted
9Use of Division 6 recordings, copies or transcripts
10Regulation 17 substituted
11New Part 3A inserted
12Regulation 26 revoked
13New Part 7 inserted
14New Schedule 4 inserted
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Endnotes
STATUTORY RULES 2025
S.R. No. 104/2025
Criminal Procedure Act 2009
Criminal Procedure Amendment Regulations 2025
The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:
Dated: 14 October 2025
Responsible Minister:
SONYA KILKENNY
Attorney-GeneralANGELA SMITH
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Criminal Procedure Regulations 2020—
(a)to provide for the use of certain recordings; and
(b)to prescribe certain offences as applicable offences for the purposes of Part 4.6A of the Criminal Procedure Act 2009.
2Authorising provision
These Regulations are made under section 420 of the Criminal Procedure Act 2009.
3Commencement
These Regulations come into operation on 28 December 2025.
4Principal Regulations
In these Regulations, the Criminal Procedure Regulations 2020[1] are called the Principal Regulations.
5Objectives
After regulation 1(c) of the Principal Regulations insert—
"(ca)to prescribe certain offences as applicable offences for the purposes of Part 4.6A of the Criminal Procedure Act 2009; and".
6Use of Division 5 recordings, copies or transcripts
In regulation 12(1)(b) of the Principal Regulations, for "in accordance with regulation 26" substitute "in accordance with regulation 12A or Part 3A".
7New regulation 12A inserted
After regulation 12 of the Principal Regulations insert—
"12A Chief Commissioner of Police may authorise the use of a Division 5 recording for training or evaluation purposes
(1)Subject to subregulation (2), the Chief Commissioner of Police may authorise the following persons to use a copy or transcript of a Division 5 recording for the purpose of individual training in or evaluation of the making of Division 5 recordings—
(a)a person referred to in regulation 6(a) whose questions a witness is answering in the recording;
(b)a supervising officer of the person referred to in regulation 6(a) whose questions a witness is answering in the recording;
(c)a suitably qualified person employed or engaged by Victoria Police to conduct training in or evaluation of the making of Division 5 recordings.
(2)The Chief Commissioner of Police must not authorise the use of a copy or transcript of a Division 5 recording unless—
(a)all legal proceedings relating to the subject matter of the recording have concluded and the appeal period has expired; and
(b)the person to be trained or evaluated is the person referred to in subregulation (1)(a).
(3)An authorisation under subregulation (1) must—
(a)be in writing; and
(b)specify the name of the person authorised; and
(c)specify the recording, a copy or transcript of which, the person is authorised to use.".
8Regulation 13 substituted
For regulation 13 of the Principal Regulations substitute—
"13 Retention and destruction of recordings and copies
The Chief Commissioner of Police must—
(a)retain in safe custody—
(i)the original recording of any Division 5 recording; and
(ii)if the original recording has been edited for use in a proceeding referred to in Division 5 of Part 8.2 of the Act, a copy of the edited recording; and
(b)ensure that any other copies of the recording are destroyed no later than 6 months after the latest of—
(i)the conclusion of any proceeding in which the recording was proposed to be, or was, used in evidence; or
(ii)the expiry of the appeal period; or
(iii)the conclusion of any proceeding of a kind referred to in section 374(2) of the Act in which the recording was proposed to be, or was, used in evidence.".
9Use of Division 6 recordings, copies or transcripts
In regulation 16(1)(b) of the Principal Regulations, for "in accordance with regulation 26" substitute "in accordance with Part 3A".
10Regulation 17 substituted
For regulation 17 of the Principal Regulations substitute—
17Retention and destruction of recordings and copies"
(1)The registrar or prothonotary (as the case requires) must—
(a)retain in safe custody for the period specified in subregulation (2)—
(i)the original recording of any Division 6 recording; and
(ii)if the original recording has been edited for use in a proceeding referred to in Division 6 of Part 8.2 of the Act, a copy of the edited recording; and
(b)ensure that any other copies of the recording are destroyed no later than 12 months after the latest of—
(i)the conclusion of any proceeding in which the recording was proposed to be, or was, used in evidence; or
(ii)the expiry of the appeal period; or
(iii)the conclusion of any proceeding of a kind referred to in section 374(2) of the Act in which the recording was proposed to be, or was, used in evidence.
(2)For the purposes of subregulation (1)(a), the period is 10 years after the latest of—
(a)the conclusion of any proceeding in which the recording was proposed to be, or was, used in evidence; or
(b)the expiry of the appeal period; or
(c)the conclusion of any proceeding of a kind referred to in section 374(2) of the Act in which the recording was proposed to be, or was, used in evidence.".
11New Part 3A inserted
After Part 3 of the Principal Regulations insert—
"PART 3A—DIVISION 5, DIVISION 6 AND PART 8.2A RECORDINGS
17AUse of recordings, copies or transcripts—intermediaries
(1)Victoria Police or the relevant court may provide to the Secretary to the Department a copy or transcript of any of the following recordings for a purpose referred to in subregulation (2)—
(a)a Division 5 recording;
(b)a Division 6 recording;
(c)a Part 8.2A recording.
(2)The Secretary to the Department may authorise a person to use a copy or transcript of a recording provided to the Secretary under subregulation (1) for the purpose of—
(a)assisting an intermediary to perform a function set out in section 389I of the Act, including assessing a witness; or
(b)subject to subregulation (3), training or evaluation of an intermediary.
(3)The Secretary to the Department must not authorise the use of a copy or transcript of a recording provided to the Secretary to the Department under subregulation (2)(b) unless—
(a)all legal proceedings relating to the subject matter of the recording have concluded and the appeal period has expired; and
(b)the intermediary referred to in subregulation (2)(b) is the same intermediary who performed a function set out in section 389I of the Act in the recording.
(4)An authorisation may authorise the use of a copy or transcript of—
(a)a particular recording; or
(b)all recordings of a particular kind.
(5)An authorisation must—
(a)be in writing; and
(b)specify the name of the person authorised; and
(c)if it authorises the use of a particular recording, specify the recording, a copy or transcript of which, the person is authorised to use; and
(d)specify the purpose for which the recording or recordings may be used.
17BUse of recordings, copies or transcripts—legal practitioners
(1)Victoria Police or the relevant court may provide to the Secretary to the Department a copy or transcript of any of the following recordings for the purpose referred to in subregulation (2)—
(a)a Division 5 recording;
(b)a Division 6 recording;
(c)a Part 8.2A recording.
(2)The Secretary to the Department may authorise in writing an Australian legal practitioner acting for the Secretary to the Department to use a copy or transcript of a recording provided to the Secretary to the Department under subregulation (1) for the purpose of acting for the Secretary to the Department in, or in connection with, a proceeding in which the relevant recording is proposed to be, or was, used in evidence.".
12Regulation 26 revoked
Regulation 26 of the Principal Regulations is revoked.
13New Part 7 inserted
After Part 6 of the Principal Regulations insert—
"PART 7—EARLY COMMITTAL FOR TRIAL IN SUPREME COURT
28Prescribed offence
An offence specified in Schedule 4 is prescribed for the purposes of paragraph (b) of the definition of applicable offence in section 127A of the Act.".
14New Schedule 4 inserted
After Schedule 3 to the Principal Regulations insert—
"Schedule 4—Prescribed offences—section 127A of the Act
Regulation 28
1Common law
1.1Manslaughter.
2Crimes Act 1958
2.1An offence against section 3A of the Crimes Act 1958 (unintentional killing in the course or furtherance of a crime of violence).
2.2An offence against section 5A of the CrimesAct 1958 (child homicide).
2.3An offence against section 5B of the CrimesAct 1958 (homicide by firearm).
2.4An offence against section 6 of the Crimes Act 1958 (infanticide).
2.5An offence against section 197A of the Crimes Act 1958 (arson causing death).
3Criminal Code Act 1995 of the Commonwealth
3.1An offence against section 71.2 of the Criminal Code of the Commonwealth (murder of a UN or associated person).
3.2An offence against section 71.3 of the Criminal Code of the Commonwealth (manslaughter of a UN or associated person).
3.3An offence against section 80.1AC of the Criminal Code of the Commonwealth (treachery).
3.4An offence against section 91.1(1) of the Criminal Code of the Commonwealth (espionage—dealing with information etc. concerning national security which is or will be communicated or made available to foreign principal).
3.5An offence against section 91.6 of the Criminal Code of the Commonwealth (aggravated espionage offence).
3.6An offence against section 101.1 of the Criminal Code of the Commonwealth (terrorist acts).
3.7An offence against section 101.6 of the Criminal Code of the Commonwealth (other acts done in preparation for, or planning, terrorist acts).
3.8An offence against section 103.1 of the Criminal Code of the Commonwealth (financing terrorism).
3.9An offence against section 103.2 of the Criminal Code of the Commonwealth (financing a terrorist).
3.10An offence against section 115.1 of the Criminal Code of the Commonwealth (murder of an Australian citizen or a resident of Australia).
3.11An offence against section 115.2 of the Criminal Code of the Commonwealth (manslaughter of an Australian citizen or a resident of Australia).
3.12An offence against section 119.1(1) of the Criminal Code of the Commonwealth (incursions into foreign countries with the intention of engaging in hostile activities).
3.13An offence against section 119.1(2) of the Criminal Code of the Commonwealth (incursions into foreign countries with the intention of engaging in hostile activities).
3.14An offence against section 119.4(1) of the Criminal Code of the Commonwealth (preparations for incursions into foreign countries for purpose of engaging in hostile activities).
3.15An offence against section 119.4(2) of the Criminal Code of the Commonwealth (preparations for incursions into foreign countries for purpose of engaging in hostile activities).
3.16An offence against section 119.4(3) of the Criminal Code of the Commonwealth (preparations for incursions into foreign countries for purpose of engaging in hostile activities).
3.17An offence against section 119.4(4) of the Criminal Code of the Commonwealth (preparations for incursions into foreign countries for purpose of engaging in hostile activities).
3.18An offence against section 119.4(5) of the Criminal Code of the Commonwealth (preparations for incursions into foreign countries for purpose of engaging in hostile activities).
3.19An offence against section 119.5(1) of the Criminal Code of the Commonwealth (allowing use of buildings, vessels and aircraft to commit offences).
3.20An offence against section 119.5(2) of the Criminal Code of the Commonwealth (allowing use of buildings, vessels and aircraft to commit offences).
3.21An offence against section 268.3 of the Criminal Code of the Commonwealth (genocide by killing).
3.22An offence against section 268.4 of the Criminal Code of the Commonwealth (genocide by causing serious bodily or mental harm).
3.23An offence against section 268.5 of the Criminal Code of the Commonwealth (genocide by deliberately inflicting conditions of life calculated to bring about physical destruction).
3.24An offence against section 268.6 of the Criminal Code of the Commonwealth (genocide by imposing measures intended to prevent births).
3.25An offence against section 268.7 of the Criminal Code of the Commonwealth (genocide by forcibly transferring children).
3.26An offence against section 268.8 of the Criminal Code of the Commonwealth (crime against humanity—murder).
3.27An offence against section 268.9 of the Criminal Code of the Commonwealth (crime against humanity—extermination).
3.28An offence against section 268.24 of the Criminal Code of the Commonwealth (war crime—wilful killing).
3.29An offence against section 268.35 of the Criminal Code of the Commonwealth (war crime—attacking civilians).
3.30An offence against section 268.37(1) of the Criminal Code of the Commonwealth (war crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission).
3.31An offence against section 268.38(1) of the Criminal Code of the Commonwealth (war crime—excessive incidental death, injury or damage).
3.32An offence against section 268.39 of the Criminal Code of the Commonwealth (war crime—attacking undefended places).
3.33An offence against section 268.40(1) of the Criminal Code of the Commonwealth (war crime—killing or injuring a person who is hors de combat).
3.34An offence against section 268.41 of the Criminal Code of the Commonwealth (war crime—improper use of a flag of truce).
3.35An offence against section 268.42 of the Criminal Code of the Commonwealth (war crime—improper use of a flag, insignia or uniform of the adverse party).
3.36An offence against section 268.43 of the Criminal Code of the Commonwealth (war crime—improper use of a flag, insignia or uniform of the United Nations).
3.37An offence against section 268.44 of the Criminal Code of the Commonwealth (war crime—improper use of the distinctive emblems of the Geneva Conventions).
3.38An offence against section 268.47(1) of the Criminal Code of the Commonwealth (war crime—mutilation).
3.39An offence against section 268.48(1) of the Criminal Code of the Commonwealth (war crime—medical or scientific experiments).
3.40An offence against section 268.49(1) of the Criminal Code of the Commonwealth (war crime—treacherously killing or injuring).
3.41An offence against section 268.50 of the Criminal Code of the Commonwealth (war crime—denying quarter).
3.42An offence against section 268.66(1) of the Criminal Code of the Commonwealth (war crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions).
3.43An offence against section 268.70 of the Criminal Code of the Commonwealth (war crime—murder).
3.44An offence against section 268.71(1) of the Criminal Code of the Commonwealth (war crime—mutilation).
3.45An offence against section 268.76(2) of the Criminal Code of the Commonwealth (war crime—sentencing or execution without due process).
3.46An offence against section 268.77 of the Criminal Code of the Commonwealth (war crime—attacking civilians).
3.47An offence against section 268.78(1) of the Criminal Code of the Commonwealth (war crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions).
3.48An offence against section 268.79(1) of the Criminal Code of the Commonwealth (war crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission).
3.49An offence against section 268.90(1) of the Criminal Code of the Commonwealth (war crime—treacherously killing or injuring).
3.50An offence against section 268.91 of the Criminal Code of the Commonwealth (war crime—denying quarter).
3.51An offence against section 268.92(1) of the Criminal Code of the Commonwealth (war crime—mutilation).
3.52An offence against section 268.93(1) of the Criminal Code of the Commonwealth (war crime—medical or scientific experiments).
3.53An offence against section 268.97 of the Criminal Code of the Commonwealth (war crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians).
3.54An offence against section 268.98 of the Criminal Code of the Commonwealth (war crime—attacking undefended places or demilitarized zones).".
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ENDNOTES
[1] Reg. 4: S.R. No. 134/2020 as amended by S.R. No. 57/2022.
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