Victorian Numbered Acts

MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 (NO 79 OF 2004) - SECT 5

    (1)     Subject to sub-section (2), a member of the police force may apply to the Supreme Court for a coercive powers order if the member suspects on reasonable grounds that an organised crime offence has been, is being or is likely to be committed.

    (2)     An application under sub-section (1) may only be made with the approval of the Chief Commissioner or a delegate of the Chief Commissioner.

    (3)     An application under sub-section (1) must be in writing and must specify—

        (a)     the name and rank of the applicant; and

        (b)     the name and rank of the person who approved the application; and

        (c)     particulars of the organised crime offence in respect of which the coercive powers order is sought; and

        (d)     the name of each alleged offender or, if the name is unknown, state that the offender is unknown; and

        (e)     the period, not exceeding 12 months, that is sought for the duration of the coercive powers order.

    (4)     An application under sub-section (1) must be supported by an affidavit of the applicant—

        (a)     stating that he or she suspects that an organised crime offence has been, is being, or is likely to be committed, as the case requires; and

        (b)     setting out the grounds on which the applicant holds that suspicion; and

        (c)     setting out the reason why the use of coercive powers is sought.

    (5)     The Supreme Court may require the applicant to provide any additional information that the Court requires in relation to the application.

    (6)     If the applicant believes that—

        (a)     the delay caused in complying with sub-section (4) may prejudice the success of the investigation into the relevant organised crime offence; and

        (b)     it is impracticable for an affidavit to be prepared or sworn before the application is made—

the application for a coercive powers order may be made before an affidavit is prepared or sworn.

    (7)     If sub-section (6) applies, the applicant must—

        (a)     provide as much information as the Supreme Court considers is reasonably practicable in the circumstances; and

        (b)     if an affidavit has been prepared but not sworn, provide a copy of the unsworn affidavit to the Supreme Court; and

        (c)     not later than the day following the making of the application, send the duly sworn affidavit to the Supreme Court, whether or not a coercive powers order has been made.

    (8)     An application under sub-section (1) must be heard in closed court.