MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 3D Role of Public Interest Monitor

MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 3D

    (1)     The Public Interest Monitor is entitled—

        (a)     to appear at any hearing of the application to test the content and sufficiency of the information relied on and the circumstances of the application; and

        (b)     for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—

              (i)     to ask questions of any person giving information in relation to the application; and

              (ii)     to make submissions to the Supreme Court judge as to the appropriateness of granting the application.

    (2)     Without limiting subsection (1), the Public Interest Monitor is entitled to make submissions to the Supreme Court in the presence of the judge or by phone, fax, email or any other reasonable way.

    (3)     If a Public Interest Monitor is not reasonably able to be contacted for an application to which section 5(6) applies—

        (a)     the application may proceed without a Public Interest Monitor being notified; and

S. 3D(3)(b) amended by No. 70/2013 s. 3(Sch.  1 item 28.1).

        (b)     a Public Interest Monitor must be notified as soon as possible and given any information requested by the Public Interest Monitor that the Public Interest Monitor would have been entitled to obtain for or during the application.

    (4)     As soon as practicable after the application is determined, the Public Interest Monitor must return to the applicant any documents given by the applicant to the Public Interest Monitor under section 3B or 3C or subsection (3) of this section in relation to the application.

Part 2—Coercive powers orders and witness summonses