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MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 (NO 79 OF 2004) - SECT 81

Investigations

    (1)     For section 86NA(1) of the Police Regulation Act 1958 substitute

    "(1)     The Director may conduct an investigation under this Part on his or her own motion in respect of any matter that is relevant to the achievement of his or her objects, including but not limited to—

        (a)     an investigation into the conduct of a member of the force; or

        (b)     an investigation into police corruption or serious misconduct generally; or

        (c)     an investigation into any of the policies, practices or procedures of the force or of a member of the force, or the failure of those policies, practices or procedures.

    (1A)     For the purposes of sub-section (1), the Director may conduct an investigation—

        (a)     whether or not any particular member of the force or other person has been implicated;

        (b)     whether or not any serious misconduct or other misconduct is suspected;

        (c)     whether or not any person under investigation who was a member of the force at any relevant time is still a member of the force at the time of the investigation.".

    (2)     Section 86NA(3) of the Police Regulation Act 1958 is repealed .

    (3)     In section 86P(1) of the Police Regulation Act 1958

        (a)     in paragraph (c), for "representation." substitute "representation; and";

        (b)     after paragraph (c) insert

    "(d)     subject to this Act, may regulate the procedure as he or she thinks fit.".

    (4)     In section 86P(2) of the Police Regulation Act 1958 , for "must" substitute "may".

    (5)     For section 86P(3) and (4) of the Police Regulation Act 1958 substitute

    "(3)     The Director may commence or continue to conduct an investigation under this Part despite the fact that any proceedings are on foot, or are instituted, in any court or tribunal that relate to or are otherwise connected with the subject-matter of the investigation.

    (4)     If the Director is or becomes aware that proceedings referred to in sub-section (3) are on foot or have been instituted, the Director must take all reasonable steps to ensure that the conduct of the investigation does not prejudice those proceedings.".

    (6)     For section 86P(5)(a) of the Police Regulation Act 1958 substitute

    "(a)     may make a written report on the results of the investigation to any one or more of—

              (i)     the Chief Commissioner;

              (ii)     the Minister;

              (iii)     the Premier; and".



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