MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 3AA Meaning of organised crime offence
PART 1A--ROLE OF PUBLIC INTEREST MONITOR
- 3A Application of Part 1A
- 3B Information to be given to Public Interest Monitor
- 3C Full disclosure to Public Interest Monitor
- 3D Role of Public Interest Monitor
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
- 43A Release of restricted evidence to a person charged with an offence
- 43B Release of restricted evidence where person not yet charged
- 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 VICTORIAN INSPECTORATE
- 51 Functions of the Victorian Inspectorate under this Part
- 52 Chief Examiner must report witness summonses and orders to Victorian Inspectorate
- 53 Chief Examiner must report other matters to Victorian Inspectorate
- 54 Complaint to Victorian Inspectorate
- 57 Recommendations by Victorian Inspectorate
- 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 Victorian Inspectorate
- 63 Application of privileges and provision of information, documents
- 64 Obstruction
PART 6--MISCELLANEOUS