New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 108C

108C Mandatory use of ICV equipment

(1) If a police vehicle is equipped with ICV equipment, the driver of the vehicle must ensure that while the vehicle is being used in the course of police activities that require the use of ICV equipment--

(a) the ICV equipment is operated for the purpose of recording a view from the police vehicle of those activities, and

(b) a conversation between the police officer and the driver or any occupant of a vehicle stopped or detained in the course of those activities is recorded by means of the ICV equipment.

(2) The authority conferred by this section to record a conversation (the
"primary conversation" ) extends to authorise the recording of another conversation the recording of which is incidental to the recording of the primary conversation or that is inadvertently or unexpectedly recorded in the course of recording the primary conversation.

(3) Any failure to operate ICV equipment or to record a conversation as required by this section--

(a) does not of itself limit or otherwise affect the admissibility of evidence of any matter concerning the police activities to which the failure related, and

(b) does not of itself result in any such evidence being evidence improperly or unlawfully obtained,

but this subsection does not otherwise affect the operation of any rules as to admissibility of evidence.