Victorian Numbered Acts

MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 (NO 79 OF 2004) - SECT 59

    (1)     For the purpose of performing his or her functions under this Part, the Special Investigations Monitor—

        (a)     after notifying the Chief Examiner or the Chief Commissioner (as the case requires), may enter at any reasonable time premises occupied by the Chief Examiner or the police force; and

        (b)     is entitled to have full and free access at all reasonable times to all records of the Chief Examiner or the police force that are relevant to the performance of the Special Investigations Monitor's functions; and

        (c)     may require the Chief Examiner, an Examiner or a member of the police force to give the Special Investigations Monitor any information that the Special Investigations Monitor considers necessary, being information—

              (i)     that is in the person's possession, or to which the person has access; and

              (ii)     that is relevant to the performance of the Special Investigations Monitor's functions.

    (2)     The Special Investigations Monitor may exercise a power under this section only if he or she considers that the Chief Examiner or the Chief Commissioner (as the case requires) has wilfully—

        (a)     failed to provide information that the Chief Examiner or Chief Commissioner is required to provide in a report to the Special Investigations Monitor under this Act; or

        (b)     failed to comply with section 58.