Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 15

Chief Examiner may issue witness summons

15. Chief Examiner may issue witness summons



(1) This section applies if a coercive powers order is in force in respect of
an organised crime offence.

(2) The Chief Examiner may issue the following witness summonses on his or her
own motion or on the application of a member of the police force-

   (a)  a summons to attend an examination before the Chief Examiner to give
        evidence;

   (b)  a summons to attend at a specified time and place to produce specified
        documents or other things to the Chief Examiner;

   (c)  a summons to attend an examination before the Chief Examiner to give
        evidence and produce specified documents or other things.

(3) The Chief Examiner may determine the procedure for making an application
for the issue of a summons under this section.

(4) The Chief Examiner may issue a summons directed to a person, other than a
person referred to in subsection (5), if the Chief Examiner is satisfied that
it is reasonable in the circumstances to do so, after consideration of-

   (a)  the evidentiary or intelligence value of the information sought to be
        obtained from the person; and

   (b)  the age of the person, and any mental impairment to which the person
        is known to be subject.

(5) The Chief Examiner must not issue a summons directed to a person known to
be under the age of 16 years.

(6) On issuing a summons, the Chief Examiner must record in writing-

   (a)  the grounds on which the summons is issued; and

   (b)  if the summons is directed to a person suspected to be under the age
        of 18 years, the reason for suspecting or believing that the person is
        aged 16 years or above.

(7) A summons must require the person to whom it is directed to attend at a
specified place on a specified date and at a specified time and from day to
day unless excused or released from further attendance-

   (a)  to give evidence before the Chief Examiner; or

   (b)  to produce for examination by the Chief Examiner any documents or
        other things described in the summons that are in the person's
        possession or control; or

   (c)  both to give evidence and produce for examination any documents or
        other things described in the summons that are in the person's
        possession or control.

(8) A summons, other than a summons referred to in subsection (9), must be
served a reasonable time before the date on which the person is required to
attend.

(9) The Chief Examiner may issue a summons that requires the immediate
attendance before the Chief Examiner of the person to whom it is directed if
the Chief Examiner reasonably believes that a delay in the person's attendance
is likely to result in-

   (a)  evidence being lost or destroyed; or

   (b)  the commission of an offence; or

   (c)  the escape of an offender; or

   (d)  serious prejudice to the conduct of the investigation of the organised
        crime offence.

(10) A summons directed to a person must state-

   (a)  the general nature of the matters about which the person is to be
        questioned, unless the Chief Examiner considers that this disclosure
        would prejudice the conduct of the investigation of the organised
        crime offence; and

   (b)  that the coercive powers order has been made under this Act by the
        Supreme Court and the date on which the order was made.

(11) A summons must be in the prescribed form and must include a statement
that if the person summoned is under the age of 16 years at the date of issue
of the summons, the person need not comply with the summons.