Victorian Consolidated Legislation

MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004

No. 79 of 2004
Version incorporating amendments as at  30 November 2011

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions

   PART 2-COERCIVE POWERS ORDERS AND WITNESS SUMMONSES

   4.      Authority given by coercive powers order
   5.      Application for order
   6.      Remote application
   7.      Offence to publish report of proceedings
   8.      Determination of application
   9.      Coercive powers order
   10.     Extension or variation of coercive powers order
   11.     Discontinuance of use of powers under coercive powers order
   12.     Revocation of coercive powers order
   12A.    Procedure for revocation hearing
   12B.    Appointment of special counsel
   12C.    Actions following revocation of coercive powers order
   13.     Chief Examiner must act on revocation
   14.     Supreme Court may issue witness summons
   15.     Chief Examiner may issue witness summons
   16.     Witness summons directed to person under 16.
   17.     Service of witness summons
   18.     Witness already held in custody
   19.     Witness expenses
   20.     Confidentiality of witness summons and orders

   PART 3-CHIEF EXAMINER AND EXAMINERS

   21.     Appointment of Chief Examiner and Examiners
   22.     Remuneration and allowances
   23.     Terms and conditions
   24.     Vacancy, resignation, removal
   25.     Validity of acts and decisions
   26.     Conflict of interest
   27.     Management of Examiners
   28.     Police assistance to Chief Examiner

   PART 4-EXAMINATIONS

   29.     When Chief Examiner may conduct examinations
   30.     Conduct of examination
   31.     Preliminary requirements
   32.     Witness under 16.
   33.     Protection of legal practitioners and witnesses
   34.     Representation of witness
   35.     Examination to be held in private
   35A.    Person may be examined without summons
   36.     Taking of evidence
   37.     Failure of witnesses to attend and answer questions
   38.     False or misleading evidence
   39.     Privilege against self-incrimination abrogated
   40.     Legal professional privilege
   41.     Procedure for determining claims of legal professional
           privilege
   42.     Application to County Court or Supreme Court to determine
           legal professional privilege
   43.     Restriction on publication of evidence
   44.     Hindering or obstructing Chief Examiner or disrupting examination
   45.     Video-recording of examination
   46.     Warrant for arrest of witness
   47.     Documents or other things produced to Chief Examiner
   48.     Court proceedings
   49.     Contempt of Chief Examiner
   50.     No double jeopardy

   PART 5-OVERSIGHT BY SPECIAL INVESTIGATIONS MONITOR

   51.     Role of Special Investigations Monitor
   52.     Chief Examiner must report witness summonses and orders to Special Investigations Monitor
   53.     Chief Examiner must report other matters to Special Investigations Monitor
   54.     Complaints to Special Investigations Monitor
   55.     Special Investigations Monitor may refuse to investigate complaint
   56.     Investigation of complaints
   57.     Recommendations by Special Investigations Monitor
   58.     Requirement to provide assistance
   59.     Powers of entry and access
   60.     Requirement to answer questions and produce documents
   61.     Annual and other reports by Special Investigations Monitor
   62.     Report on operation of this Part
   63.     Crown privilege or secrecy does not apply
   64.     Obstruction

   PART 6-MISCELLANEOUS

   65.     Delegation
   66.     Obligations of Chief Commissioner
   67.     Information sharing
   68.     Secrecy
   69.     Exemption from Freedom of Information Act 1982.
   70.     Regulations

   PARTS 7-11-Repealed

           71-131. Repealed
           _______________
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details