• Specific Year
    Any

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

Navigate