Victorian Numbered Regulations Victorian Numbered Regulations(1) This regulation applies in relation to—
(a) section 3D(3) of the Major Crime (Investigative Powers) Act 2004 ; and
(b) section 4F(3) of the Terrorism (Community Protection) Act 2003 .
(2) The circumstances under which a Public Interest Monitor is not reasonably able to be contacted include the following—
(a) an applicant has made reasonable attempts to comply with the notification requirements under Part 2 but a Public Interest Monitor has either been unavailable or has not acknowledged receipt of a notification;
(b) an applicant has notified a Public Interest Monitor of an application under Part 2 but a Public Interest Monitor has not made any submissions or appeared at the hearing of the application;
(c) an application is being made by telephone and there are technical difficulties preventing a Public Interest Monitor from being a party to the call that cannot be overcome in a reasonable timeframe.
(3) A notification that an application has proceeded without a Public Interest Monitor must be given—
(a) as soon as practicable after the hearing finishes; and
(b) by—
(i) secure delivery if the notification includes a copy of the transcript of the hearing of an application; or
(ii) email or hand delivery in any other case.
(4) A notification under subregulation (3) must—
(a) specify the following details—
(i) the application's unique identifying number;
(ii) the type of application;
(iii) the issuing authority to which the application was made;
(iv) whether the application was granted, and if so, whether any conditions were imposed; and
(b) attach a copy of the transcript of the hearing of the application that proceeded without a Public Interest Monitor, if such a transcript was made and is available.
(5) If an applicant is required to give a Public Interest Monitor information requested by the Public Interest Monitor, the applicant must do so by notifying the Public Interest Monitor—
(a) as soon as practicable after the request is made; and
(b) by secure delivery.
(6) A notification under subregulation (5) must—
(a) specify the application's unique identifying number; and
(b) include a copy of the requested information.
(7) For the purposes of subregulation (6)(b), if information requested by a Public Interest Monitor was given to the issuing authority verbally, an applicant need only give a written record that gives the substance of that information.
Note
A written record is not required to give a verbatim record of the information given verbally to the issuing authority.