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MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 (NO 79 OF 2004)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
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
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
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 Magistrates' Court to determine legal professional privilege
43. Restriction on publication of evidence
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. Magistrates' Court proceedings
49. Contempt of Chief Examiner
50. No double jeopardy
PART 5--OVERSIGHT BY SPECIAL INVESTIGATIONS MONITOR
51. Role of Special Investigations Monitor
52. Chief Examiner must report witness summonses and orders to Special Investigations Monitor
53. Chief Examiner must report other matters to Special Investigations Monitor
54. Complaints to Special Investigations Monitor
55. Special Investigations Monitor may refuse to investigate complaint
56. Investigation of complaints
57. Recommendations by Special Investigations Monitor
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 Special Investigations Monitor
62. Report on operation of this Part
63. Crown privilege or secrecy does not apply
64. Obstruction
PART 6--MISCELLANEOUS
65. Delegation
66. Obligations of Chief Commissioner
67. Information sharing
68. Secrecy
69. Exemption from Freedom of Information Act 1982
70. Regulations
PART 7--OMBUDSMAN ACT 1973
71. Consequential amendments in relation to the Sex Offenders Registration Act 2004
72. Procedure on completion of investigation
73. New section 25 substituted and section 25AA inserted
PART 8--POLICE REGULATION ACT 1958
74. Definitions
75. Amendment of existing immunity provision
76. Protection of Director etc.
77. New section 86JA inserted
78. Offences
79. New sections 86KA to 86KD inserted
80. Complaints
81. Investigations
82. Evidence in Director investigations
83. New sections 86PB to 86PE inserted
84. Referrals to the DPP
85. New section 86S substituted
86. Advice to complainant
87. New sections 86VA to 86VH inserted
88. New section 86Z substituted
89. New Division 4 inserted in Part IVA
90. New section 102BA inserted
91. Oath or affirmation
92. Staffing
93. New sections 102EA and 102EB inserted
94. Delegation
95. New sections 102J and 102K inserted
96. New section 126 inserted
97. Supreme Court—limitation of jurisdiction
98. Supreme Court—further limitation of jurisdiction
99. Transitional provision
PART 9--SEX OFFENDERS REGISTRATION ACT 2004
100. Director, Police Integrity to replace Police Ombudsman
101. New sections 66A, 66B and 66C inserted
102. Further amendment
103. Supreme Court—limitation of jurisdiction
PART 10--WHISTLEBLOWERS PROTECTION ACT 2001
104. Definitions
105. Chief Examiner and Examiners are not public officers
106. Dis-application of certain provisions to investigations by Director
107. Notice of investigation of police matters
108. New section 50A inserted
109. Obstruction
110. Opportunity to be heard
111. New section 61AA inserted
112. Evidence in Director investigations
113. New sections 61BA to 61BH inserted
114. New section 61F substituted
115. New sections 61G to 61N inserted
116. New section 62 substituted
117. Reports on investigations
118. New section 63A inserted
119. Further amendment about reports
120. New section 65 substituted and section 65A inserted
121. Informing person who made disclosure
122. Referral of Part 7 matters to Director
123. New section 94 substituted and section 94A inserted
124. Report to person making disclosure
125. New section 103A inserted
126. New Part 9A inserted
127. New section 107A inserted
128. Evidence not admissible
129. Supreme Court—limitation of jurisdiction
PART 11--OTHER AMENDMENTS
130. Major Crime Legislation (Office of Police Integrity) Act 2004
131. Information Privacy Act 2000
ENDNOTES
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