Victorian Numbered Acts

MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 (NO 79 OF 2004) - SECT 82

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

    "(1)     Sections 17, 18, 19, 19A, 19B, 20 and 20A of the Evidence Act 1958 apply to and in relation to an investigation conducted by the Director as if—

        (a)     the Director were the sole commissioner issued with a commission by the Governor in Council; and

        (b)     a reference in section 20 of the Evidence Act 1958 to a law officer were a reference to the Director of Public Prosecutions.".

    (2)     After section 86PA(5) of the Police Regulation Act 1958 insert —

    "(5A)     For the purposes of sub-section (4), the Director may certify in respect of—

        (a)     particular information, or any or all information of a particular class, to be provided by a particular person; or

        (b)     particular evidence, or any or all evidence of a particular class, to be given by a particular person.

Example

For example, the Director could certify under sub-section (4) in respect of a single question to be asked of a witness, or in respect of all questions on a particular topic to be asked of a witness.

    (5B)     For the avoidance of doubt, the Director is not required to give reasons for certifying under sub-section (4).".

    (3)     In section 86PA(8) of the Police Regulation Act 1958 —

        (a)     in paragraph (d), for " 1958 ." substitute " 1958 ; or";

        (b)     after paragraph (d) insert —

    "(e)     contempt of the Director under section 86KB.".