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PARLIAMENT OF VICTORIA
Major Crime Legislation Amendment Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO THE MAJOR CRIME
(INVESTIGATIVE POWERS) ACT 2004 3
3 Definitions 3
4 New section 12 substituted and sections 12A, 12B and 12C
inserted 3
12 Revocation of coercive powers order 3
12A Procedure for revocation hearing 4
12B Appointment of special counsel 7
12C Actions following revocation of coercive powers order 8
5 Chief Examiner must act on revocation 8
6 Confidentiality of witness summons 8
7 Police assistance to Chief Examiner 10
8 Conduct of examination 10
9 Legal professional privilege 10
10 Restriction on publication of evidence 12
11 Warrant for arrest of witness 12
12 Delegation 12
13 Secrecy 13
PART 3--AMENDMENTS TO OTHER ACTS AND REPEAL 14
14 Amendment to Casino Control Act 1991 14
74A Procedure on application for review 14
74B Appointment of special counsel 17
15 Amendment to Racing Act 1958 18
35E Procedure on application for review 18
35F Appointment of special counsel 21
561240B.I-11/11/2008 i BILL LA INTRODUCTION 11/11/2008
Clause Page
16 Amendment to Surveillance Devices Act 1999 22
17 Repeal of amending Act 22
ENDNOTES 23
561240B.I-11/11/2008 ii BILL LA INTRODUCTION 11/11/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Major Crime Legislation Amendment
Bill 2008
A Bill for an Act to amend the Major Crime (Investigative Powers)
Act 2004, the Casino Control Act 1991, the Racing Act 1958 and
the Surveillance Devices Act 1999 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Major Crime (Investigative
5 Powers) Act 2004--
(i) to make it clear that an indictable
offence that has a purpose of sexual
gratification involving a child is an
organised crime offence; and
561240B.I-11/11/2008 1 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 1--Preliminary
s. 2
(ii) to prescribe procedures for the
revocation of coercive powers orders;
and
(iii) to improve the operation of
5 confidentiality provisions; and
(iv) to improve generally the operation of
that Act; and
(b) to amend the Casino Control Act 1991 and
the Racing Act 1958 in relation to the
10 review of decisions making exclusion orders;
and
(c) to amend the Surveillance Devices Act 1999
in relation to assistance to law enforcement
officers.
15 2 Commencement
(1) This Part and Part 3 come into operation on the
day after the day on which this Act receives the
Royal Assent.
(2) Subject to subsection (3), Part 2 commences on a
20 day or days to be proclaimed.
(3) If a provision of Part 2 does not come into
operation before 1 February 2010, it comes into
operation on that day.
__________________
561240B.I-11/11/2008 2 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 2--Amendments to the Major Crime (Investigative Powers) Act 2004
s. 3
PART 2--AMENDMENTS TO THE MAJOR CRIME
(INVESTIGATIVE POWERS) ACT 2004
3 Definitions
(1) In section 3 of the Major Crime (Investigative See:
Act No.
5 Powers) Act 2004 insert the following 79/2004.
definition-- Reprint No. 1
as at
16 February
"member of police personnel has the same 2006
meaning that it has in the Police Regulation and
amending
Act 1958 and includes a person engaged by Act Nos
10 the Chief Commissioner to provide 29/2006,
48/2006,
services;". 28/2007,
4/2008 and
(2) In section 3 of the Major Crime (Investigative 60/2008.
Powers) Act 2004, in the definition of organised LawToday:
www.
crime offence, in paragraph (d), after "influence" legislation.
15 insert "or of sexual gratification where the victim vic.gov.au
is a child".
(3) In section 3 of the Major Crime (Investigative
Powers) Act 2004 insert the following
definition--
20 "proper officer means--
(a) in the case of the Supreme Court--the
prothonotary;
(b) in the case of the County Court--a
registrar of that Court;".
25 4 New section 12 substituted and sections 12A, 12B
and 12C inserted
For section 12 of the Major Crime (Investigative
Powers) Act 2004 substitute--
"12 Revocation of coercive powers order
30 (1) The Supreme Court may revoke a coercive
powers order at any time before the expiry of
the order.
561240B.I-11/11/2008 3 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 2--Amendments to the Major Crime (Investigative Powers) Act 2004
s. 4
(2) The Supreme Court must give notice of the
application for the revocation of a coercive
powers order to the Chief Examiner and the
Chief Commissioner setting out the time and
5 date of the hearing of the application.
12A Procedure for revocation hearing
(1) If the Chief Commissioner objects to the
disclosure or production of protected
information at a hearing for the revocation of
10 a coercive powers order, the Chief
Commissioner may apply before the hearing
to the Supreme Court to determine the matter
of the revocation--
(a) at a hearing at which evidence given by
15 a member of the police force is given
on the basis of confidential affidavit
that is not disclosed to one or more of
the parties or any representative of
those parties; or
20 (b) at a hearing held in closed court in
which the Chief Commissioner and
each party to the proceeding has a right
to make submissions; or
(c) at a hearing held without notice to, and
25 without the presence of, one or more of
the parties or any representative of
those parties; or
(d) by any combination of the methods set
out in paragraphs (a), (b) and (c).
30 (2) If the Supreme Court is satisfied that it is not
in the public interest to hear and determine
the matter by the method specified by the
Chief Commissioner in the application under
subsection (1), the Court may decide to hear
35 and determine the matter by any other
method set out in subsection (1).
561240B.I-11/11/2008 4 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 2--Amendments to the Major Crime (Investigative Powers) Act 2004
s. 4
(3) In deciding which method to hear and
determine the matter of the revocation of a
coercive powers order, the Supreme Court
must take into account--
5 (a) the public interest in protecting the
confidentiality of any intelligence
information or any document or thing
provided to the Court for the purposes
of obtaining the coercive powers order
10 or obtained or to be obtained under the
coercive powers order; and
(b) the extent to which the method of
hearing and determining the matter may
disclose any intelligence information,
15 or document or thing the disclosure of
which--
(i) reveals the identity of the member
of the police force who applied for
the coercive powers order or puts
20 that member's safety at risk; or
(ii) reveals the identity of a person
who has been called, or who has
appeared, as a witness in an
examination conducted under the
25 coercive powers order, or puts that
person's safety at risk; or
(iii) reveals the identity of a person
who has provided a member of the
police force with information
30 relating to an investigation, or
puts that person's safety at risk; or
(iv) reveals the identity of a person
whose name appears in any
evidence given or information
35 provided to a member of the
police force relating to an
561240B.I-11/11/2008 5 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 2--Amendments to the Major Crime (Investigative Powers) Act 2004
s. 4
investigation, or puts that person's
safety at risk; or
(v) reveals the identity of a person
who is or has been the subject of
5 an investigation by a member of
the police force, or puts that
person's safety at risk; or
(vi) places at risk an ongoing
investigation by a member of the
10 police force; or
(vii) risks the disclosure of any
investigative method used by
members of the police force; or
(viii) is otherwise not in the public
15 interest.
(4) If the Supreme Court decides to hear and
determine the matter of the revocation by the
method set out in subsection (1)(a), the Court
may require the member of the police force
20 to provide the Court with any further
confidential affidavits the Court requires to
determine the matter.
(5) In this section protected information means
any intelligence information, document or
25 thing the production or inspection of
which--
(a) is likely to reveal any matter referred to
in subsection (3)(b)(i) to (v); or
(b) is likely to place at risk an ongoing
30 investigation by a member of the police
force; or
(c) is likely to risk the disclosure of any
investigative method used by members
of the police force; or
35 (d) is otherwise not in the public interest.
561240B.I-11/11/2008 6 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 2--Amendments to the Major Crime (Investigative Powers) Act 2004
s. 4
12B Appointment of special counsel
(1) If the Supreme Court decides to hear and
determine an application for the revocation
of a coercive powers order at a hearing
5 referred to in section 12A(1)(c), the Court
may appoint a special counsel to represent
the interests of a party to the proceeding at
the hearing.
(2) A special counsel must be a barrister within
10 the meaning of the Legal Profession Act
2004 who, in the opinion of the Supreme
Court, has the appropriate skills and ability
to represent the interests of the party at the
hearing.
15 (3) At any time before the special counsel
attends the hearing or obtains any
confidential affidavit in relation to the
application, the special counsel may
communicate with the party whose interests
20 he or she is representing, or any
representative of that party, for the purpose
of obtaining information from the party or
representative in relation to the proceeding.
(4) At any time after the special counsel
25 commences to attend the hearing or obtains
any confidential affidavit in relation to the
application, the special counsel--
(a) must not take instructions from the
party whose interests he or she is
30 representing, or from any representative
of that party; and
(b) may communicate to that party or a
representative of that party any order
made by the Supreme Court at or in
35 relation to the hearing; and
561240B.I-11/11/2008 7 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 2--Amendments to the Major Crime (Investigative Powers) Act 2004
s. 5
(c) must not communicate any other
information in relation to the hearing to
that party or a representative of that
party without leave of the Supreme
5 Court.
12C Actions following revocation of coercive
powers order
If the Supreme Court revokes a coercive
powers order or a notice under section 11(1)
10 is filed, the Court must--
(a) cause notice of the revocation to be
given to the Chief Examiner and the
Chief Commissioner immediately; and
(b) revoke any witness summons issued
15 under section 14 in reliance on the
coercive powers order if the witness
summons has not been served or the
date for attendance has not passed; and
(c) give notice in writing of the revocation
20 of each witness summons to the person
to whom the summons was directed.".
5 Chief Examiner must act on revocation
In section 13 of the Major Crime (Investigative
Powers) Act 2004 for "section 12(2)" substitute
25 "section 12C".
6 Confidentiality of witness summons
After section 20(8) of the Major Crime
(Investigative Powers) Act 2004 insert--
"(8A) If the Supreme Court or the Chief Examiner
30 is satisfied that the circumstances referred to
in subsection (2) or (3) that led to the giving
of a notice under subsection (1) no longer
apply, the Court or the Chief Examiner, as
the case may be, must give written notice of
561240B.I-11/11/2008 8 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 2--Amendments to the Major Crime (Investigative Powers) Act 2004
s. 6
that fact to the person to whom the notice
under subsection (1) was given.
(8B) On the giving of the notice under subsection
(8A), the notice under subsection (1) ceases
5 to have effect.
(8C) A notice under subsection (1) ceases to have
effect at the end of the period of 5 years after
the notice is given (or that period as
extended under subsection (8E)) unless the
10 notice has ceased to have effect earlier.
(8D) Subsection (8C) applies to a notice given on
or after, or which is in effect on, the
commencement of section 6 of the Major
Crime Legislation Amendment Act 2008.
15 (8E) If the Chief Examiner or the Chief
Commissioner is satisfied that an extension
to the 5-year period referred to in subsection
(8C) is necessary to protect a matter
specified in subsection (8F)(a), (b), (c) or
20 (d), the Chief Examiner or the Chief
Commissioner must apply to the Supreme
Court for an extension of that period.
(8F) The Supreme Court, on the application of the
Chief Examiner or the Chief Commissioner
25 under subsection (8E), may extend the 5-year
period referred to in subsection (8C), if the
Court is satisfied that an extension is
necessary to protect--
(a) an investigation that is continuing
30 (whether or not the investigation is, or
is related to, the investigation in
relation to which the witness summons
was issued); or
(b) any proceeding that has been
35 commenced but not finally determined;
or
561240B.I-11/11/2008 9 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 2--Amendments to the Major Crime (Investigative Powers) Act 2004
s. 7
(c) the safety or reputation of a person; or
(d) the fair trial of a person who has or may
be charged with an offence.".
7 Police assistance to Chief Examiner
5 In section 28 of the Major Crime (Investigative
Powers) Act 2004 for "a member of the police
force" substitute "a member of police personnel".
8 Conduct of examination
After section 30(2) of the Major Crime
10 (Investigative Powers) Act 2004 insert--
"(3) In subsection (2), police station means any
police premises where a counter inquiry
service for the public is provided.".
9 Legal professional privilege
15 (1) In the Major Crime (Investigative Powers) Act
2004--
(a) in section 41(3)(b) for "Magistrates' Court"
substitute "County Court or the Supreme
Court";
20 (b) in section 41(6) for "a registrar of the
Magistrates' Court" substitute "the proper
officer of the County Court or the Supreme
Court";
(c) in section 41(7) for "Magistrates' Court"
25 substitute "County Court or the Supreme
Court";
(d) in the heading to section 42 for
"Magistrates' Court" substitute "County
Court or Supreme Court";
30 (e) in section 42(1) for "a registrar of the
Magistrates' Court" substitute "the proper
officer of the County Court or the Supreme
Court";
561240B.I-11/11/2008 10 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 2--Amendments to the Major Crime (Investigative Powers) Act 2004
s. 9
(f) in section 42(1) for "the Magistrates' Court"
(where secondly occurring) substitute "that
Court";
(g) in sections 42(2), 42(6) and 42(7) for
5 "registrar" substitute "proper officer";
(h) in section 42(5) for "The Magistrates' Court"
substitute "The County Court or the
Supreme Court, as the case may be,";
(i) in section 42(5) for "the magistrate and"
10 substitute "the judge (not being an associate
judge) and";
(j) in sections 42(6), 42(7) and 42(8) for
"Magistrates' Court" substitute "County
Court or the Supreme Court, as the case may
15 be,".
(2) After section 42(8) of the Major Crime
(Investigative Powers) Act 2004 insert--
"(9) Section 41 and this section as in force
immediately before the commencement of
20 section 9 of the Major Crime Legislation
Amendment Act 2008 continue to apply
to--
(a) any application made to the
Magistrates' Court under this section
25 before that commencement; and
(b) any document or thing given to the
registrar of the Magistrates' Court under
section 41 before that
commencement.".
561240B.I-11/11/2008 11 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 2--Amendments to the Major Crime (Investigative Powers) Act 2004
s. 10
10 Restriction on publication of evidence
After section 43(4) of the Major Crime
(Investigative Powers) Act 2004 insert--
"(4A) Before a court gives a certificate under
5 subsection (4), the court must give--
(a) Chief Examiner and the Chief
Commissioner; and
(b) if a direction under subsection (1)
involves the interests of a witness, the
10 witness--
an opportunity to make submissions to the
court as to whether or not the evidence
should be made available, in full or in part,
to the person charged or a legal practitioner
15 representing the person.".
11 Warrant for arrest of witness
(1) In sections 46(1), 46(5), 46(6) and 46(8) of the
Major Crime (Investigative Powers) Act 2004
for "Supreme Court" substitute "Court".
20 (2) After section 46(8) of the Major Crime
(Investigative Powers) Act 2004 insert--
"(9) In this section Court means--
(a) in the case of a witness summons
issued under section 14, the Supreme
25 Court; and
(b) in the case of a witness summons
issued under section 15, the Supreme
Court or the County Court.".
12 Delegation
30 In section 65(1) of the Major Crime
(Investigative Powers) Act 2004 after "order"
(where secondly occurring) insert "or to make
applications under section 20(8E)".
561240B.I-11/11/2008 12 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 2--Amendments to the Major Crime (Investigative Powers) Act 2004
s. 13
13 Secrecy
For section 68(1)(e) of the Major Crime
(Investigative Powers) Act 2004 substitute--
"(e) a member of police personnel.".
__________________
561240B.I-11/11/2008 13 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 3--Amendments to Other Acts and Repeal
s. 14
PART 3--AMENDMENTS TO OTHER ACTS AND REPEAL
14 Amendment to Casino Control Act 1991
See: After section 74 of the Casino Control Act 1991
Act No.
47/1991. insert--
Reprint No. 7
5 as at "74A Procedure on application for review
5 April 2006
and (1) This section applies if an application is made
amending
Act Nos to a court for review of a decision by the
24/2006, Chief Commissioner under section 74 to
79/2006,
22/2007 and make an exclusion order.
72/2007.
10 LawToday: (2) If the Chief Commissioner objects to the
www. disclosure or production of protected
legislation.
vic.gov.au information at the hearing of the application
for review, the Chief Commissioner may
apply before the hearing to the court to hear
15 and determine the application for review--
(a) at a hearing at which evidence given by
a member of the police force is given
on the basis of a confidential affidavit
that is not disclosed to one or more of
20 the parties or any representative of
those parties; or
(b) at a hearing held in closed court in
which the Chief Commissioner and
each party to the proceeding has a right
25 to make submissions; or
(c) at a hearing held without notice to, and
without the presence of, one or more of
the parties or any representative of
those parties; or
30 (d) by any combination of the methods set
out in paragraphs (a), (b) and (c).
561240B.I-11/11/2008 14 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 3--Amendments to Other Acts and Repeal
s. 14
(3) If the court is satisfied that it is not in the
public interest to hear and determine the
application for review by the method
specified by the Chief Commissioner in the
5 application under subsection (2), the court
may hear and determine the application by
any other method set out in subsection (2).
(4) In deciding which method to hear and
determine the application for review, the
10 court must take into account--
(a) the public interest in protecting the
confidentiality of police investigative
techniques and protected information in
the possession of the police; and
15 (b) the extent to which the method of
hearing and determining the application
may disclose any intelligence
information, or document or thing the
disclosure of which--
20 (i) reveals the identity of the member
of the police force who provided
information on the basis of which
the exclusion order was made or
puts that member's safety at risk;
25 or
(ii) reveals the identity of a person
who has provided a member of the
police force with information on
the basis of which the exclusion
30 order was made, or puts that
person's safety at risk; or
(iii) reveals the identity of a person
whose name appears in any
evidence given or information
35 provided to a member of the
police force relating to an
561240B.I-11/11/2008 15 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 3--Amendments to Other Acts and Repeal
s. 14
investigation, or puts that person's
safety at risk; or
(iv) reveals the identity of a person
who is or has been the subject of
5 an investigation by a member of
the police force, or puts that
person's safety at risk; or
(v) places at risk an ongoing
investigation by a member of the
10 police force; or
(vi) risks the disclosure of any
investigative method used by
members of the police force; or
(vii) is otherwise not in the public
15 interest.
(5) If the court decides to hear and determine the
application for review by the method set out
in subsection (2)(a), the court may require
the member of the police force to provide the
20 court with any further confidential affidavits
the court requires to determine the
application.
(6) In this section protected information means
any intelligence information, document or
25 thing the production or inspection of
which--
(a) is likely to reveal any matter referred to
in subsection (4)(b)(i) to (iv); or
(b) is likely to place at risk an ongoing
30 investigation by a member of the police
force; or
(c) is likely to risk the disclosure of any
investigative method used by members
of the police force; or
35 (d) is otherwise not in the public interest.
561240B.I-11/11/2008 16 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 3--Amendments to Other Acts and Repeal
s. 14
74B Appointment of special counsel
(1) If a court decides to hear and determine an
application for review at a hearing referred to
in section 74A(2)(c), the court may appoint a
5 special counsel to represent the interests of a
party to the proceeding at the hearing.
(2) A special counsel must be a barrister within
the meaning of the Legal Profession Act
2004 who, in the opinion of the court, has the
10 appropriate skills and ability to represent the
interests of the party at the hearing.
(3) At any time before the special counsel
attends the hearing or obtains any
confidential affidavit in relation to the
15 application, the special counsel may
communicate with the party whose interests
he or she is representing, or any
representative of that party, for the purpose
of obtaining information from the party or
20 representative in relation to the proceeding.
(4) At any time after the special counsel
commences to attend the hearing or obtains
any confidential affidavit in relation to the
application, the special counsel--
25 (a) must not take instructions from the
party whose interests he or she is
representing, or from any representative
of that party; and
(b) may communicate to that party or a
30 representative of that party any order
made by the court at or in relation to
the hearing; and
(c) must not communicate any other
information in relation to the hearing to
35 that party or a representative of that
party without leave of the court.".
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Major Crime Legislation Amendment Bill 2008
Part 3--Amendments to Other Acts and Repeal
s. 15
15 Amendment to Racing Act 1958
See: After section 35D of the Racing Act 1958
Act No.
6353. insert--
Reprint No. 13
as at "35E Procedure on application for review
31 December
5 2005 (1) This section applies if an application is made
and
amending to a court for review of a decision by the
Act Nos Chief Commissioner under section 33 to
45/2003,
40/2006, make an exclusion order.
80/2006,
18/2007 and (2) If the Chief Commissioner objects to the
10 12/2008.
LawToday:
disclosure or production of protected
www. information at the hearing of the application
legislation.
vic.gov.au
for review, the Chief Commissioner may
apply before the hearing to the court to hear
and determine the application for review--
15 (a) at a hearing at which evidence given by
a member of the police force is given
on the basis of a confidential affidavit
that is not disclosed to one or more of
the parties or any representative of
20 those parties; or
(b) at a hearing held in closed court in
which the Chief Commissioner and
each party to the proceeding has a right
to make submissions; or
25 (c) at a hearing held without notice to, and
without the presence of, one or more of
the parties or any representative of
those parties; or
(d) by any combination of the methods set
30 out in paragraphs (a), (b) and (c).
561240B.I-11/11/2008 18 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 3--Amendments to Other Acts and Repeal
s. 15
(3) If the court is satisfied that it is not in the
public interest to hear and determine the
application for review by the method elected
by the Chief Commissioner, the court may
5 hear and determine the application by any
other method set out in subsection (2).
(4) In deciding which method to hear and
determine the application for review, the
court must take into account--
10 (a) the public interest in protecting the
confidentiality of police investigative
techniques and protected information in
the possession of the police; and
(b) the extent to which the method of
15 hearing and determining the matter may
disclose any intelligence information,
or document or thing the disclosure of
which--
(i) reveals the identity of the member
20 of the police force who provided
information on the basis of which
the exclusion order was made or
puts that member's safety at risk;
or
25 (ii) reveals the identity of a person
who has provided a member of the
police force with information on
the basis of which the exclusion
order was made, or puts that
30 person's safety at risk; or
(iii) reveals the identity of a person
whose name appears in any
evidence given or information
provided to a member of the
35 police force relating to an
561240B.I-11/11/2008 19 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 3--Amendments to Other Acts and Repeal
s. 15
investigation, or puts that person's
safety at risk; or
(iv) reveals the identity of a person
who is or has been the subject of
5 an investigation by a member of
the police force, or puts that
person's safety at risk; or
(v) places at risk an ongoing
investigation by a member of the
10 police force; or
(vi) risks the disclosure of any
investigative method used by
members of the police force; or
(vii) is otherwise not in the public
15 interest.
(5) If the court decides to hear and determine the
application for review by the method set out
in subsection (2)(a), the court may require
the member of the police force to provide the
20 court with any further confidential affidavits
the court requires to determine the
application.
(6) In this section protected information means
any intelligence information, document or
25 thing the production or inspection of
which--
(a) is likely to reveal any matter referred to
in subsection (4)(b)(i) to (iv); or
(b) is likely to place at risk an ongoing
30 investigation by a member of the police
force; or
(c) is likely to risk the disclosure of any
investigative method used by members
of the police force; or
35 (d) is otherwise not in the public interest.
561240B.I-11/11/2008 20 BILL LA INTRODUCTION 11/11/2008
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Part 3--Amendments to Other Acts and Repeal
s. 15
35F Appointment of special counsel
(1) If a court decides to hear and determine an
application for review at a hearing referred to
in section 35E(2)(c), the court may appoint a
5 special counsel to represent the interests of a
party to the proceeding at the hearing.
(2) A special counsel must be a barrister within
the meaning of the Legal Profession Act
2004 who, in the opinion of the court, has the
10 appropriate skills and ability to represent the
interests of the party at the hearing.
(3) At any time before the special counsel
attends the hearing or obtains any
confidential affidavit in relation to the
15 application, the special counsel may
communicate with the party whose interests
he or she is representing, or any
representative of that party, for the purpose
of obtaining information from the party or
20 representative in relation to the proceeding.
(4) At any time after the special counsel
commences to attend the hearing or obtains
any confidential affidavit in relation to the
application, the special counsel--
25 (a) must not take instructions from the
party whose interests he or she is
representing, or from any representative
of that party; and
(b) may communicate to that party or a
30 representative of that party any order
made by the court at or in relation to
the hearing; and
(c) must not communicate any other
information in relation to the hearing to
35 that party or a representative of that
party without leave of the court.".
561240B.I-11/11/2008 21 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Part 3--Amendments to Other Acts and Repeal
s. 16
16 Amendment to Surveillance Devices Act 1999
See: In section 19(3)(g) of the Surveillance Devices
Act No.
21/1999. Act 1999 after "expertise" insert "by any person
Reprint No. 1 (whether or not a law enforcement officer)".
as at
1 July 2006
and
amending
Act Nos
70/2006,
9/2008 and
34/2008.
LawToday:
www.
legislation.
vic.gov.au
5 17 Repeal of amending Act
This Act is repealed on 1 February 2011.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
10 Interpretation of Legislation Act 1984).
561240B.I-11/11/2008 22 BILL LA INTRODUCTION 11/11/2008
Major Crime Legislation Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561240B.I-11/11/2008 23 BILL LA INTRODUCTION 11/11/2008
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