Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 20

Confidentiality of witness summons and orders

20. Confidentiality of witness summons and orders



(1) Subject to subsections (2) and (3), the Supreme Court or the Chief
Examiner may give a person to whom a witness summons is issued under this Part
or in respect of whom an order is made under section 18 or any person who
executes an order under section 18 a written notice stating-

   (a)  that the summons or order is a confidential document; and

   (b)  that it is an offence to disclose to anyone else, except in the
        circumstances, if any, specified in the notice, the existence of the
        document or the subject-matter of the organised crime offence in
        relation to which the summons was issued or the order was made or any
        official matter connected with the summons or order, unless the person
        has a reasonable excuse.

(2) The Supreme Court or the Chief Examiner must give a notice under
subsection (1) if satisfied that failure to do so would reasonably be expected
to prejudice-

   (a)  the safety or reputation of a person; or

   (b)  the fair trial of a person who has been or may be charged with an
        offence; or



   (c)  the effectiveness of an investigation of the organised crime offence
        in relation to which the summons was issued or the order was made.

(3) The Supreme Court or the Chief Examiner may give a notice under subsection
(1) if satisfied that failure to do so-

   (a)  might prejudice-

   (i)  the safety or reputation of a person; or

   (ii) the fair trial of a person who has been or may be charged with an
        offence; or

   (iii) the effectiveness of an investigation of the organised crime offence
        in relation to which the summons was issued or the order was made; or

   (b)  might otherwise be contrary to the public interest.

(4) If the Supreme Court gives a notice under subsection (1), the applicant
for the witness summons or order under section 18, as the case may be, must
give a copy of the notice to the Chief Examiner.

(5) If the Supreme Court or the Chief Examiner gives a notice under subsection
(1), a person must not, without reasonable excuse, disclose to anyone else,
except in the circumstances, if any, specified in the notice-

   (a)  the existence of the witness summons or order; or

   (b)  the subject-matter of the organised crime offence in relation to which
        the witness summons was issued or the order was made; or

   (c)  any official matter connected with the witness summons or order.

Penalty: 120 penalty units or imprisonment for 12 months or both.

(6) It is a reasonable excuse for a person to disclose the existence of the
witness summons or order or the subject-matter of the organised crime offence
in relation to which it was issued or made or any official matter connected
with the summons or order if-

   (a)  the disclosure is made for the purposes of-

   (i)  seeking legal advice in relation to the summons or order or an offence
        against subsection (5); or

   (ii) obtaining information in order to comply with the summons or order; or

   (iii) the administration of this Act; and

   (b)  the person informs the person to whom the disclosure is made that it
        is an offence to disclose to anyone else the existence of the summons
        or order or the subject-matter of the organised crime offence in
        relation to which it was issued or made or any official matter
        connected with the summons or order, unless the person has a
        reasonable excuse.

(7) A notice under subsection (1) ceases to have effect if after the
conclusion of the police investigation of the organised crime offence-

   (a)  no evidence of an offence has been obtained; or

   (b)  evidence of one or more offences has been obtained but a decision has
        been made not to commence any criminal proceedings in which the
        evidence would be relevant; or

   (c)  evidence of one or more offences committed by only one person has been
        obtained and criminal proceedings have commenced against that person;
        or

   (d)  evidence of one or more offences committed by 2 or more persons has
        been obtained and-

   (i)  criminal proceedings have commenced against all those persons; or

   (ii) criminal proceedings have commenced against one or more of those
        persons and the Chief Commissioner has been advised that no other
        persons will be prosecuted.

(8) If a notice under subsection (1) ceases to have effect under subsection
(7), the Chief Examiner must give notice in writing of that fact to each
person who was given the notice under subsection (1).

(9) In this section-

official matter means any of the following-

   (a)  the coercive powers order in reliance on which the witness summons was
        issued or the order under section 18 was made;

   (b)  the investigation of the organised crime offence in relation to which
        the witness summons was issued or the order under section 18 was made;

   (c)  an examination by the Chief Examiner for the purposes of that
        investigation;

   (d)  any court proceedings in relation to the witness summons or the order
        under section 18. __________________