except where required to do so by or under an Act or a Commonwealth Act; or (b) the onus on the prosecution to establish the voluntariness of an admission or confession made by a person suspected of having committed an offence; or (ba) the onus on the prosecution to prove that an S. 464J(ba) inserted by admission or confession was made in such No. 69/2009 circumstances as to make it unlikely that the s. 50. truth of the admission or confession was adversely affected; or (c) the discretion of a court to exclude unfairly obtained evidence; or (d) the discretion of a court to exclude illegally or improperly obtained evidence. 464JA Offences in relation to recordings S. 464JA inserted by No. 87/2009 (1) In this section— s. 4. means— S. 464JA(1) authorised person def. of authorised (a) a member of Victoria Police personnel person (other than a protective services amended by Nos 64/2010 officer); s. 3(1), 43/2012 (b) a person or body engaged to provide s. 3(Sch. services to Victoria Police in relation to item 11.2), 82/2012 the installation or maintenance of s. 159(1), recording equipment; 37/2014 s. 10(Sch. (c) the Director of Public Prosecutions for item 36.19(a)). or a person acting under the authority of the Director; (d) the Chief Crown Prosecutor or a Crown Prosecutor or Associate Crown Prosecutor appointed under the Public Prosecutions Act 1994;
except where required to do so by or under an Act or a Commonwealth Act; or (b) the onus on the prosecution to establish the voluntariness of an admission or confession made by a person suspected of having committed an offence; or S. 464J(ba) inserted by No. 69/2009 s. 50. (ba) the onus on the prosecution to prove that an admission or confession was made in such circumstances as to make it unlikely that the truth of the admission or confession was adversely affected; or (c) the discretion of a court to exclude unfairly obtained evidence; or (d) the discretion of a court to exclude illegally or improperly obtained evidence. S. 464JA inserted by No. 87/2009 s. 4. 464JA Offences in relation to recordings (1) In this section— S. 464JA(1) def. of authorised person amended by Nos 64/2010 s. 3(1), 43/2012 s. 3(Sch. item 11.2), 82/2012 s. 159(1), 37/2014 s. 10(Sch. item 36.19(a)). authorised person means— (a) a member of Victoria Police personnel (other than a protective services officer); (b) a person or body engaged to provide services to Victoria Police in relation to the installation or maintenance of recording equipment; (c) the Director of Public Prosecutions for or a person acting under the authority of the Director; (d) the Chief Crown Prosecutor or a Crown Prosecutor or Associate Crown Prosecutor appointed under the Public Prosecutions Act 1994;