(1) If an agency photograph of a person who has been found guilty of an offence is in the possession of Victoria Police, the Chief Commissioner may, on application by an authorised media organisation under section 239, authorise that the photograph be given to the authorised media organisation for use in the course of journalism carried out by that organisation.
(2) The Chief Commissioner must not give an authorisation under subsection (1) on an application made more than 6 months after the person photographed was found guilty of the offence referred to in subsection (1).
(3) An authorisation under subsection (1)—
(a) must be in writing; and
(b) is subject to the conditions specified in the authorisation.
S. 238(4) amended by No. 60/2014 s. 140(Sch. 3 item 50).
(4) Subsection (1) has effect despite anything to the contrary in the Privacy and Data Protection Act 2014 , the Freedom of Information Act 1982 or any other Act (other than the Charter of Human Rights and Responsibilities Act 2006 ).
(5) Despite anything to the contrary in the Freedom of Information Act 1982 , that Act is not to be construed as empowering an application to be made by a media organisation under that Act for access to an agency photograph, if the application is made within 6 months after the person photographed has been found guilty of an offence.
See section 234 which makes certain provisions as to documents issued for publication by the Chief Commissioner.