MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 5 Application for order
MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 5
Application for orderS. 5(1) amended by Nos 37/2014 s. 10(Sch. item 103.2), 55/2014 s. 107(1).
(1) Subject to subsections (2) and (2A), a police officer may apply to the Supreme Court for a coercive powers order if the police officer suspects on reasonable grounds that an organised crime offence has been, is being or is likely to be committed.
(2) An application under subsection (1) may only be made with the approval of the Chief Commissioner or a delegate of the Chief Commissioner.
S. 5(2A) inserted by No. 55/2014 s. 107(2).
(2A) An offence that is an organised crime offence because it satisfies section 3AA(3) may be the subject of an application under subsection (1) only if 2 or more of the offenders involved in the offence are either declared individuals or declared organisation members at the time that the application is made.
(3) An application under subsection (1) must be in writing and must specify—
(a) the name and rank of the applicant; and
(b) the name and rank of the person who approved the application; and
(c) particulars of the organised crime offence in respect of which the coercive powers order is sought; and
(d) the name of each alleged offender or, if the name is unknown, state that the offender is unknown; and
(e) the period, not exceeding 12 months, that is sought for the duration of the coercive powers order.
(4) An application under subsection (1) must be supported by an affidavit of the applicant—
(a) stating that he or she suspects that an organised crime offence has been, is being, or is likely to be committed, as the case requires; and
(b) setting out the grounds on which the applicant holds that suspicion; and
(c) setting out the reason why the use of coercive powers is sought.
(5) The Supreme Court may require the applicant to provide any additional information that the Court requires in relation to the application.
S. 5(5A) inserted by No. 72/2011 s. 24.
(5A) The applicant must notify a Public Interest Monitor of the application in accordance with the regulations under the Public Interest Monitor Act 2011 .
S. 5(6) amended by No. 6/2018 s. 68(Sch. 2 item 83.1).
(6) If the applicant believes that—
(a) the delay caused in complying with subsection (4) may prejudice the success of the investigation into the relevant organised crime offence; and
S. 5(6)(b) amended by No. 6/2018 s. 68(Sch. 2 item 83.1).
(b) it is impracticable for an affidavit to be prepared or sworn or affirmed before the application is made—
the application for a coercive powers order may be made before an affidavit is prepared or sworn or affirmed.
(7) If subsection (6) applies, the applicant must—
(a) provide as much information as the Supreme Court considers is reasonably practicable in the circumstances; and
S. 5(7)(b) amended by No. 6/2018 s. 68(Sch. 2 items 83.2, 83.3).
(b) if an affidavit has been prepared but not sworn or affirmed, provide a copy of the unsworn or affirmed affidavit to the Supreme Court; and
S. 5(7)(c) amended by No. 6/2018 s. 68(Sch. 2 item 83.3).
(c) not later than the day following the making of the application, send the duly sworn or affirmed affidavit to the Supreme Court, whether or not a coercive powers order has been made.
(8) An application under subsection (1) must be heard in closed court.