Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 10

Extension or variation of coercive powers order

10. Extension or variation of coercive powers order



(1) Subject to subsection (2), a member of the police force on whose
application a coercive powers order has been made, or another person on his or
her behalf, may apply to the Supreme Court for-

   (a)  an extension of the order for a period not exceeding 12 months from
        the day on which it would otherwise expire; or

   (b)  a variation of any of the other terms of the order.

(2) An application under subsection (1) may only be made with the approval of
the Chief Commissioner or a delegate of the Chief Commissioner.

(3) Section 5 applies to an application for extension or variation of a
coercive powers order as if it were an application for an order.

(4) On an application under this section, the Supreme Court may, at any time
before the expiry of a coercive powers order, make a new order providing for-

   (a)  the extension of the original order for a period not exceeding 12
        months from the day on which it would otherwise expire; or

   (b)  variation of the other terms of the original order.

(5) A coercive powers order may be extended or varied more than once.



(6) If the Supreme Court makes an order under this section, the applicant must
cause a copy of the order to be given to the Chief Examiner as soon as
practicable after the making of the order.