Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 60

Requirement to answer questions and produce documents

60. Requirement to answer questions and produce documents



(1) The Special Investigations Monitor may, by written notice, require the
Chief Examiner, an Examiner or a member of the police force to-

   (a)  attend the Special Investigations Monitor at a specified time and
        place to answer any questions or provide any information; or

   (b)  produce any document or other thing that is in the person's possession
        or control and that is relevant to the functions of the Special
        Investigations Monitor under this Part.



(2) A person who is given a notice under subsection (1) must not, without
reasonable excuse-

   (a)  fail to attend or to produce any document or other thing as required
        by the notice; or

   (b)  refuse or fail to answer a question that he or she is required to
        answer by the Special Investigations Monitor; or

   (c)  refuse or fail to provide any information that he or she is required
        to provide by the Special Investigations Monitor.

(3) A person who is given a notice under subsection (1) must not give any
answer or provide any information that he or she knows is false or misleading
in a material particular.

(4) A person who contravenes subsection (2) or (3) is guilty of an indictable
offence and is liable to level 6 imprisonment (5 years maximum).

(5) 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.