Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SCHEDULE 3

Schedule 3––Persons who may witness statements in preliminary brief,
full brief or hand-up brief

Sections 38, 47, 112

Sch. 3 item 1 substituted by No. 37/2014 s. 10(Sch. item 41.10).

1     A police officer or a member of a police force or police service of any other State or of the Northern Territory.

2     A member of the Australian Federal Police.

Sch. 3 item 3 substituted by No. 27/2016 s. 45(a).

3     An Immigration and Border Protection worker, within the meaning of the Australian Border Force Act 2015 of the Commonwealth, at Australian Public Service level 5 or higher who is performing work for that part of the Department of Immigration and Border Protection of the Commonwealth known as the Australian Border Force.

4     An officer at Australian Public Service level 5 or higher in the Australian Securities and Investments Commission.

Sch. 3 item 5 amended by No. 82/2012 s. 160.

5     A person employed at Victorian Public Service Grade 4 or higher classification under Part 3 of the Public Administration Act 2004 in the IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 .

Sch. 3 item 6 amended by No. 68/2009 s. 57(a).

6     An officer at Australian Public Service level 5 or higher who is an Investigator in, or a member of, the Investigations Branch of the Department of Education, Employment and Workplace Relations of the Commonwealth.

Sch. 3 item 7 amended by No. 68/2009 s. 57(b).

7     An officer at Australian Public Service level 5 or higher who is a member of the Investigations Branch of the Inspector General Division in the Department of Defence of the Commonwealth.

8     A person who is an authorised officer for the purposes of Part 9 of the Law Enforcement Integrity Commissioner Act 2006 of the Commonwealth.

9     A person who is an inspector appointed under section 267(1)(a) or (b) of the Radiocommunications Act 1992 of the Commonwealth.

10     A person appointed under regulation 42 of the Radiocommunications Regulations 1993 of the Commonwealth as an authorised person for those Regulations.

11     A person who is an inspector for the purposes of a provision of the Telecommunications Act 1997 of the Commonwealth by force of section 533(1)(a) or (b) of that Act.

Sch. 3 item 12 amended by No. 68/2009 s. 57(c).

12     An Investigations Officer at Australian Public Service level 5 or higher in the Department of Agriculture, Fisheries and Forestry of the Commonwealth.

Sch. 3 item 13 amended by No. 68/2009 s. 57(d).

13     An officer at Australian Public Service level 5 or higher who is an authorised person in relation to a provision of Part 6-2 of the Therapeutic Goods Act 1989 of the Commonwealth and employed in the Surveillance Unit, Therapeutic Goods Administration of the Department of Health and Ageing of the Commonwealth.

Sch. 3 item 14 amended by No. 68/2009 s. 57(e), substituted by No. 74/2012 s. 55.

14     A member of the staff of the National Offshore Petroleum Safety and Environmental Management Authority who is appointed as an OHS inspector under section 680 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth.

15     A member of the staff of the Australian Crime Commission who is an Investigator.

Sch. 3 item 16 amended by No. 68/2009 s. 57(f).

16     An Investigation Officer or a Senior Investigation Officer or the Manager, Investigations in Medicare Australia.

17     An officer at Australian Public Service level 5 or higher or an equivalent level who is a Fraud Investigator or Fraud Investigator Manager in the Commonwealth Services Delivery Agency (Centrelink).

Sch. 3 item 18 amended by No. 68/2009 s. 57(g).

18     An officer at Australian Public Service level 5 or higher who is an Investigator or Senior Investigator in the Passport Fraud Section of the Department of Foreign Affairs and Trade of the Commonwealth.

19     An officer at Australian Public Service level 5 or higher who is an investigator in the Australian Taxation Office.

Sch. 3 item 20 repealed by No. 48/2012 s. 30(1).

    *     *     *     *     *

Sch. 3 item 21 substituted by No. 68/2009 s. 57(h).

21     A person authorised by or under section 241 of the Building Act 1993 .

Sch. 3 item 22 substituted by No. 30/2010 s. 74.

22     An authorised officer within the meaning of the Conservation, Forests and Lands Act 1987 .

Sch. 3
item 22A inserted by No. 30/2010 s. 74.

22A         An enforcement officer within the meaning of the Electricity Safety Act 1998 .

Sch. 3
item 22B inserted by No. 30/2010 s. 74.

22B     An inspector within the meaning of the Gas Safety Act   1997 .

23     An inspector within the meaning of the Dangerous Goods Act 1985 , Equipment (Public Safety) Act 1994 or Occupational Health and Safety Act 2004 .

Sch. 3 item 24 repealed by No. 48/2012 s. 30(1), new Sch. 3 item 24 inserted by No. 55/2014 s. 171.

24     A general inspector within the meaning of the Prevention of Cruelty to Animals Act 1986 .

Sch. 3 item 24A inserted by No. 55/2014 s. 171.

24A     A specialist inspector within the meaning of the Prevention of Cruelty to Animals Act 1986 .

25     An employee of the Australian Postal Corporation who is appointed by the Corporation to act as a Corporate Investigator.

Sch. 3 item 26 substituted by No. 68/2009 s. 57(i), repealed by No. 27/2016 s. 45(b).

    *     *     *     *     *

27     An officer at Australian Public Service level 5 or higher who is an Investigator or Investigation Manager in the Insolvency and Trustee Service Australia.

Sch. 3 item 28 repealed by No. 48/2012 s. 30(1).

    *     *     *     *     *

Sch. 3 item 29 amended by No. 6/2010 s. 203(1)
(Sch. 6 item 11) (as amended by No. 45/2010 s. 22).

29     A transport safety officer within the meaning of the Transport (Compliance and Miscellaneous) Act 1983 .

Sch. 3 item 30 amended by No. 48/2012 s. 30(2).

30     Any person, or a member of a class of persons, prescribed by the rules of court.

Sch. 3 item 31 inserted by No. 48/2012 s. 30(3), substituted by No. 6/2018 s. 68(Sch. 2 item 38.7).

31     An authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018 .

Sch. 3 item 32 inserted by No. 48/2012 s. 30(3).

32     An inspector of municipal administration appointed under section 223A of the Local Government Act 1989 .

Sch. 3 item 33 inserted by No. 48/2012 s. 30(3).

33     An authorised officer appointed by a municipal council under section 224 of the Local Government Act 1989 .

Sch. 3 item 34 inserted by No. 48/2012 s. 30(3).

34     An officer at Australian Public Service level 5 or higher who is a member of the Investigations and Intelligence Branch of the Department of Climate Change and Energy Efficiency of the Commonwealth.

Sch. 3 item 35 inserted by No. 48/2012 s. 30(3), amended by No. 67/2013 s. 649(Sch. 9 item 10).

35     A person authorised under section 608 of the Workplace Injury Rehabilitation and Compensation Act 2013 to file charge-sheets on behalf of the Victorian WorkCover Authority.

Sch. 3 item 36 inserted by No. 48/2012 s. 30(3).

36     An officer of the Roads Corporation authorised under section 77(2)(d) of the Road Safety Act 1986 to prosecute any offence against that Act or the regulations made under that Act.

Sch. 3 item 37 inserted by No. 48/2012 s. 30(3).

37     An officer of the Roads Corporation authorised under section 112 of the Road Safety Act 1986 .

Sch. 3 item 38 inserted by No. 48/2012 s. 30(3).

38     A person authorised by or under section 229 of the Transport (Compliance and Miscellaneous) Act 1983 to bring a proceeding for an offence against that Act or the regulations made under that Act.

Sch. 3 item 39 inserted by No. 20/2015 s. 42.

39     A person authorised under section 31(1) of the Heavy Vehicle National Law Application Act 2013 to commence a proceeding for an offence against the Heavy Vehicle National Law (Victoria).

Sch. 4 inserted by No. 68/2009 s. 58.



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