Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 36

Taking of evidence

36. Taking of evidence



(1) At an examination-

   (a)  the Chief Examiner; or

   (b)  a legal practitioner representing the witness; or



   (c)  any person authorised by the Chief Examiner to do so-

may, so far as the Chief Examiner thinks appropriate, examine or cross-examine
any witness on any matter that the Chief Examiner considers relevant to the
investigation of the organised crime offence to which the examination relates.

(2) The Chief Examiner may, at an examination, take evidence on oath or
affirmation and for that purpose-

   (a)  the Chief Examiner may require a person appearing at the examination
        to give evidence either to take an oath or to make an affirmation in
        the prescribed form; and

   (b)  the Chief Examiner may administer an oath or affirmation to a person
        so appearing at the examination.

(3) A person appearing as a witness at an examination before the Chief
Examiner must not, when required in accordance with subsection (2) either to
take an oath or make an affirmation, refuse or fail to comply with the
requirement.

(4) A person who, without reasonable excuse, contravenes subsection (3) is
guilty of an indictable offence and liable to level 6 imprisonment (5 years
maximum).