Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 5

Application for order

5. Application for order



(1) Subject to subsection (2), a member of the police force may apply to the
Supreme Court for a coercive powers order if the member 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.

(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.

(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

   (b)  it is impracticable for an affidavit to be prepared or sworn before
        the application is made-

the application for a coercive powers order may be made before an affidavit is
prepared or sworn.

(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

   (b)  if an affidavit has been prepared but not sworn, provide a copy of the
        unsworn affidavit to the Supreme Court; and





   (c)  not later than the day following the making of the application, send
        the duly sworn 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.