Criminal Procedure Regulations 2020 (Vic)

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Version No. 002

Criminal Procedure Regulations 2020

S.R. No. 134/2020

Version incorporating amendments as at


1 October 2022

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Revocations

5Definitions

Part 2—Division 5 recordings

6Who may ask questions

7Information to be included in a Division 5 recording

8Copies of a Division 5 recording

9Transcript of a Division 5 recording

10Right of accused to listen to or view Division 5 recording

11Record of persons listening to or viewing Division 5 recordings

12Use of Division 5 recordings, copies or transcripts

13Retention and destruction of recordings and copies

Part 3—Division 6 recordings

14Right of accused to listen to or view Division 6 recording

15Record of persons listening to or viewing Division 6 recordings

16Use of Division 6 recordings, copies or transcripts

17Retention and destruction of recordings and copies

Part 4—Prosecution witnesses allowances and expenses

18Attendance allowance for expert witness

19Allowances and expenses of other witnesses

20Meal allowances for witnesses

21Accommodation expenses for witnesses

22Travelling allowances for witnesses

23No payment to prisoners

24Evidence of expenses etc. to be produced

Part 5—Intermediaries

25Intermediaries' oath or affirmation

26Use of recordings and transcripts

Part 6—Disclosure certificates

27Form of disclosure certificate

Schedule 1—Oaths and affirmations

Schedule 2—Disclosure certificate—section 41A of the Act

Schedule 3—Disclosure certificate—section 110A of the Act

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 002

Criminal Procedure Regulations 2020

S.R. No. 134/2020

Version incorporating amendments as at


1 October 2022

Part 1—Preliminary

1Objectives

The objectives of these Regulations are—

(a)to provide for the making, use, possession, copying, storage, access to and destruction of audio and audiovisual recordings referred to in Division 5 and Division 6 of Part 8.2 of the Criminal Procedure Act 2009; and

(b)to specify the allowances and expenses that are to be paid to prosecution witnesses; and

(c)to provide for the use of various audio or audiovisual recordings made in certain proceedings for the purposes of assisting intermediaries or the training or evaluation of intermediaries; and

(d)other matters required or necessary to be prescribed by 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 13 December 2020.

4Revocations

The following Regulations are revoked—

(a)the Criminal Procedure Regulations 2009[1];

(b)the Criminal Procedure Amendment (Recorded Evidence-in-Chief) Regulations 2011[2];

(c)the Criminal Procedure Amendment Regulations 2018[3].

5Definitions

In these Regulations—

Department means the Department of Justice and Community Safety;

Division 5 recording means an audio or audiovisual recording of a kind referred to in Division 5 of Part 8.2 of the Act;

Division 6 recording means an audiovisual recording of a kind referred to in Division 6 of Part 8.2 of the Act;

Part 8.2A recording means an audio or audiovisual recording made in a proceeding in which an intermediary is appointed under Part 8.2A of the Act;

prothonotary has the same meaning as in section 106 of the Supreme Court Act…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.