Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 59

Powers of entry and access

59. Powers of entry and access



(1) For the purpose of performing his or her functions under this Part, the
Special Investigations Monitor-

   (a)  after notifying the Chief Examiner or the Chief Commissioner (as the
        case requires), may enter at any reasonable time premises occupied by
        the Chief Examiner or the police force; and

   (b)  is entitled to have full and free access at all reasonable times to
        all records of the Chief Examiner or the police force that are
        relevant to the performance of the Special Investigations Monitor's
        functions; and

   (c)  may require the Chief Examiner, an Examiner or a member of the police
        force to give the Special Investigations Monitor any information that
        the Special Investigations Monitor considers necessary, being
        information-

   (i)  that is in the person's possession, or to which the person has access;
        and

   (ii) that is relevant to the performance of the Special Investigations
        Monitor's functions.

(2) The Special Investigations Monitor may exercise a power under this section
only if he or she considers that the Chief Examiner or the Chief Commissioner
(as the case requires) has wilfully-

   (a)  failed to provide information that the Chief Examiner or Chief
        Commissioner is required to provide in a report to the Special
        Investigations Monitor under this Act; or

   (b)  failed to comply with section 58.