Victorian Numbered Acts

MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 (NO 79 OF 2004) - NOTES

Act No. 79/2004

Victoria

No. 79 of 2004

Major Crime (Investigative Powers) Act 2004^[†]

[Assented to 16 November 2004]

^[†]     Minister's second reading speech—

    Legislative Assembly: 5 October 2004

    Legislative Council: 10 November 2004

    The long title for the Bill for this Act was "to provide for coercive powers in relation to the investigation of organised crime and to amend certain Acts to make further provision for the Director, Police Integrity and for other purposes."

        Constitution Act 1975:

    Section 85(5) statement:

    Legislative Assembly: 5 October 2004

    Legislative Council: 10 November 2004

    Absolute majorities:

    Legislative Assembly: 4 November 2004

    Legislative Council: 11 November 2004

INDEX

Subject	Section
Act
amendments to other Acts	71–131
commencement	2
purposes	1
Arrest	46, 49
Bail	46, 49
Chief Commissioner
definition	3
delegation	65
powers, functions, approvals regarding
arrested witnesses	46, 49
assistance to Special Investigations Monitor	58
availability of evidence to courts	43
coercive powers orders	5, 10–11
information sharing	67
register, records	66
reports to Special Investigations Monitor	57, 66
witness expenses	19
recommendations by Special Investigations Monitor to	57
reports by Special Investigations Monitor on	61
Chief Examiner
appointment	21
conflicts of interest	26
contempt of	49–50
definition	3
delegation	65
entry to premises occupied by, access to records of	59
hindrance, obstruction	44
police assistance to	28
powers, functions, duties regarding
arrest	49
coercive powers orders	9, 10, 27
reports	52–53, 57
Special Investigations Monitor	57–60
witness summonses, orders	13–16, 18, 20, 52
recommendations by Special Investigations Monitor to	57
remuneration, allowances	22
reports by Special Investigations Monitor on	61–62
resignation, removal, suspension	24
secrecy	68
terms and conditions of office	23
validity of acts, decisions	25
See also Examinations
Coercive powers orders
applications	5–6
authority given by	4
definition	3
Subject	Section
discontinuance of use of powers under	11
extension	10
making of	8
matters to be stated in	9
publication of reports of proceedings for	7
remote applications	6
revocation	11–12
sharing of information derived under	67
variation	10
See also Witness summonses
Contempt of Chief Examiner	49–50
Definitions	3, 20, 21, 49, 67, 68
Entry powers	46, 59
Examinations
arrest warrants for witnesses	46, 49
commencement, continuation	29
complaints regarding	31, 43, 54–56
conduct	30
disruption	44
documents, other things produced at	38–39, 47–48, 66
evidence in
availability to courts	43
false, misleading evidence, documents	38
inadmissibility	39, 45
legal professional privilege	31, 40–42, 48
publication	43
self-incrimination privilege abrogated	31, 39
taking of	36
exemption from Freedom of Information Act 1982 for documents regarding	69
failure to attend, answer questions, produce     documents	37, 46, 49
holding of	35
information for witnesses	31
preliminary requirements	31
protection of legal practitioners, witnesses	33
reports to, by Special Investigations Monitor on	53, 61
representation of witnesses at	31, 34–35
video recordings, transcripts	45, 53
witnesses under 16	31, 32, 37
witnesses under 18	31, 34
witnesses with mental impairment	34
See also Witness summonses
Examiners
appointment	21
conflicts of interest	26
duties regarding Special Investigations Monitor	58–60
exercise of Chief Examiner's powers regarding coercive powers orders	27
remuneration, allowances	22
reports by Special Investigations Monitor on	61–62
Subject	Section
resignation, removal, suspension	24
secrecy	68
terms and conditions of office	23
validity of acts, decisions	25
See also Examinations
Freedom of Information Act 1982	69
Guardians	31, 34–35
Imprisonment
arrested witnesses	46, 49
definitions of police gaols, prisons	3
witness orders for persons in prison	18
Information Privacy Act 2000	131
Interpreters	31, 34–35
Legal practitioners
legal professional privilege	40–42, 48
protection	33
representation of witnesses at examinations	31, 34–35
right to cross-examine in examinations	36
Magistrates' Court	41–42, 47–48
Major Crime Legislation (Office of Police Integrity     Act 2004	130
Mental impairment
definition	3
evidence given at examinations by persons with	34
witness summonses for persons with	14, 15
Offences
regarding
coercive powers orders	7
contempt of Chief Examiner	49–50
examinations	35–38, 42–44
reports of proceedings in Magistrates' Court	48
secrecy	68
Special Investigations Monitor	60, 64
witness summonses, orders	20
Ombudsman Act 1973	71–73
Organised crime offences (def.)	3
Parents	31, 34–35
Police
entry to premises occupied by, access to records of	59
powers, duties regarding
arrest warrants	46, 49
assistance to Chief Examiner	28
coercive powers orders	5–6, 10
documents, things produced at examinations	47, 66
Special Investigations Monitor	58–60
witness summonses, orders	14–15, 18
reports by Special Investigations Monitor on	61–62
secrecy	68
Police custody
arrested witnesses	46, 49
witness orders for persons already held in	18
Subject	Section
Police Regulation Act 1958
amendments to	74–99
Prisons, prisoners See Imprisonment
Regulations	70
Sex Offenders Registration Act 2004	100–103
Special Investigations Monitor
assistance to	58
complaints regarding examinations to	31, 43, 54–56
definition	3
exemption from Freedom of Information Act 1982 for documents in possession of	69
hindrance, obstruction	64
information, documents, answers required by	59–60, 63
powers of entry, access to records	59
recommendations	57
report on operation of Part 5 by	62
reports by Chief Commissioner to	57, 66
reports by Chief Examiner to	52–53, 57
reports on performance of own functions by	61
reports on examinations to	53
reports on witness summonses to	52
role	51
secrecy	68
Supreme Court
jurisdiction, powers regarding
arrest, bail	46, 49
coercive powers orders	5–12
contempt of Chief Examiner	49
witness summonses, orders	14, 16–18, 20
Whistleblowers Protection Act 2001
amendments to	104–129
Witness orders	18, 20
Witness summonses
applications	14–15
confidentiality	20
definition	3
form	14–15
issue by Chief Examiner	15
issue by Supreme Court	14
matters stated in, required by	14–15
directed to persons under 16	14–16
directed to persons under 18	14–15
directed to persons with mental impairment	14–15
reports to Special Investigations Monitor on	52
revocation	12–13
service	14–15, 17
witness expenses	19
See also Examinations
Witnesses under 16, under 18 years of age See Examinations; Witness summonses