Victorian Current Acts

MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   3AA.    Meaning of organised crime offence  

   PART 1A--ROLE OF PUBLIC INTEREST MONITOR

   3A.     Application of Part 1A  
   3B.     Information to be given to Public Interest Monitor  
   3C.     Full disclosure to Public Interest Monitor  
   3D.     Role of Public Interest Monitor  

   PART 2--COERCIVE POWERS ORDERS AND WITNESS SUMMONSES

   4.      Authority given by coercive powers order  
   5.      Application for order  
   6.      Remote application  
   7.      Offence to publish report of proceedings  
   8.      Determination of application  
   9.      Coercive powers order  
   10.     Extension or variation of coercive powers order  
   11.     Discontinuance of use of powers under coercive powers order  
   12.     Revocation of coercive powers order  
   12A.    Procedure for revocation hearing  
   12B.    Appointment of special counsel  
   12C.    Actions following revocation of coercive powers order  
   13.     Chief Examiner must act on revocation  
   14.     Supreme Court may issue witness summons  
   15.     Chief Examiner may issue witness summons  
   16.     Witness summons directed to person under 16  
   17.     Service of witness summons  
   18.     Witness already held in custody  
   19.     Witness expenses  
   20.     Confidentiality of witness summons and orders  

   PART 3--CHIEF EXAMINER AND EXAMINERS

   21.     Appointment of Chief Examiner and Examiners  
   22.     Remuneration and allowances  
   23.     Terms and conditions  
   24.     Vacancy, resignation, removal  
   25.     Validity of acts and decisions  
   26.     Conflict of interest  
   27.     Management of Examiners  
   28.     Police assistance to Chief Examiner  

   PART 4--EXAMINATIONS

   29.     When Chief Examiner may conduct examinations  
   30.     Conduct of examination  
   31.     Preliminary requirements  
   32.     Witness under 16  
   33.     Protection of legal practitioners and witnesses  
   34.     Representation of witness  
   35.     Examination to be held in private  
   35A.    Person may be examined without summons  
   36.     Taking of evidence  
   37.     Failure of witnesses to attend and answer questions  
   38.     False or misleading evidence  
   39.     Privilege against self-incrimination abrogated  
   40.     Legal professional privilege  
   41.     Procedure for determining claims of legal professional privilege  
   42.     Application to County Court or Supreme Court to determine legal professional privilege  
   43.     Restriction on publication of evidence  
   43A.    Release of restricted evidence to a person charged with an offence  
   43B.    Release of restricted evidence where person not yet charged  
   44.     Hindering or obstructing Chief Examiner or disrupting examination  
   45.     Video-recording of examination  
   46.     Warrant for arrest of witness  
   47.     Documents or other things produced to Chief Examiner  
   48.     Court proceedings  
   49.     Contempt of Chief Examiner  
   50.     No double jeopardy  

   PART 5--OVERSIGHT BY VICTORIAN INSPECTORATE

   51.     Functions of the Victorian Inspectorate under this Part  
   52.     Chief Examiner must report witness summonses and orders to Victorian Inspectorate  
   53.     Chief Examiner must report other matters to Victorian Inspectorate  
   54.     Complaint to Victorian Inspectorate  
   57.     Recommendations by Victorian Inspectorate  
   58.     Requirement to provide assistance  
   59.     Powers of entry and access  
   60.     Requirement to answer questions and produce documents  
   61.     Annual and other reports by Victorian Inspectorate  
   63.     Application of privileges and provision of information, documents  
   64.     Obstruction  

   PART 6--MISCELLANEOUS

   65.     Delegation  
   65A.    Deputy Commissioners of Victoria Police  
   66.     Obligations of Chief Commissioner  
   67.     Information sharing  
   68.     Secrecy  
   69.     Exemption from Freedom of Information Act 1982  
   70.     Regulations  
   71.      Transitional provision—Complaints to the SIM  
   72.     Transitional provision—First annual report  
           ENDNOTES