Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 43

Restriction on publication of evidence

43. Restriction on publication of evidence



(1) The Chief Examiner may direct that-

   (a)  any evidence given before the Chief Examiner; or

   (b)  the contents of any document, or a description of any thing, produced
        to the Chief Examiner; or

   (c)  any information that might enable a person who has given evidence
        before the Chief Examiner to be identified; or

   (d)  the fact that any person has given or may be about to give evidence at
        an examination-

must not be published or communicated, or must not be published or
communicated except in such manner, and to such persons, as the Chief Examiner
specifies.

(2) The Chief Examiner must give a direction under subsection (1) if the
failure to do so might prejudice the safety or reputation of a person or
prejudice the fair trial of a person who has been, or may be, charged with an
offence.

(3) A person who makes a publication or communication in contravention of a
direction given under subsection (1) is guilty of an indictable offence and
liable to level 6 imprisonment (5 years maximum).

(4) If-

   (a)  a person has been charged with an offence before a court; and

   (b)  the court considers that it may be desirable in the interests of
        justice that particular evidence given before the Chief Examiner,
        being evidence in relation to which the Chief Examiner has given a
        direction under subsection (1), be made available to the person or to
        a legal practitioner representing the person-

the court may give to the Chief Examiner or the Chief Commissioner a
certificate to that effect and, if the court does so, the Chief Examiner or
the Chief Commissioner (as the case requires) must make the evidence available
to the court.

(5) If-

   (a)  the Chief Examiner or the Chief Commissioner makes evidence available
        to a court in accordance with subsection (4); and







   (b)  the court, after examining the evidence, is satisfied that the
        interests of justice so require-

the court may make the evidence available to the person charged with the
offence concerned or to a legal practitioner representing the person.

(6) Nothing in this section empowers the Chief Examiner to give a direction
under subsection (1) that would restrict the exercise of powers or the
performance of duties by the Special Investigations Monitor under this Act or
affect a person's right under this Act to complain to the Special
Investigations Monitor.