Victorian Numbered Acts Victorian Numbered Acts(1) This section applies if a coercive powers order is in force in respect of an organised crime offence.
(2) If a person is held in a prison or police gaol, a member of the police force may apply to the Supreme Court or the Chief Examiner for an order that the person be delivered into the custody of the member for the purpose of bringing the person before the Chief Examiner to give evidence at an examination.
(3) If the application under sub-section (2) is made to the Supreme Court, section 14(4), (5), (6), (7) and (11) apply as if a reference to—
(a) a summons were a reference to an order referred to in sub-section (2); and
(b) issuing a summons were a reference to making an order referred to in sub-section (2).
(4) If the application under sub-section (2) is made to the Chief Examiner, section 15(3), (4), (5), (6) and (10) apply as if a reference to—
(a) a summons were a reference to an order referred to in sub-section (2); and
(b) issuing a summons were a reference to making an order referred to in sub-section (2).
(5) An order made on application under sub-section (2)—
(a) must be in the prescribed form; and
(b) must include a statement that if the person who is the subject of the application is under the age of 16 years at the date of issue of the order, the order is of no effect and the person is not required to attend the examination; and
(c) if the person is aged 16 years or over, has effect as a suspension of a direction in a warrant of commitment to deliver the person to the place of detention specified in the warrant or to hold the person in that place (as the case may be).
(6) If the Supreme Court makes an order on application under sub-section (2), the applicant must cause a copy of the order to be given to the Chief Examiner as soon as practicable after the order is made.
(7) At the cessation of giving evidence at an examination before the Chief Examiner or on release from compliance with the order by the Chief Examiner, the member of the police force must deliver the person who is the subject of the order to the place of detention at which the person was held or detained at the time of the application for the order.