Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 70

Regulations

70. Regulations



(1) The Governor in Council may make regulations for or with respect to any
matter or thing required or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this Act.

(2) The regulations-

   (a)  may be of general or limited application; and

   (b)  may differ according to differences in time, place or circumstance.

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ENDNOTES

1. General Information Minister's second reading speech- Legislative Assembly:
5 October 2004 Legislative Council: 10 November 2004 The long title for the
Bill for this Act was "to provide for coercive powers in relation to the
investigation of organised crime and to amend certain Acts to make further
provision for the Director, Police Integrity and for other purposes." The
Major Crime (Investigative Powers) Act 2004 was assented to on 16 November
2004. Section 130 is deemed to have come into operation on 12 October 2004: s.
2(3); sections 75 and 97 came into operation on 16 November 2004: section
2(2); Parts 1 (sections 1-3), 7 (sections 71-73), 8 (sections 74, 76-96, 98,
99), 9 (sections 100-103), 10 (sections 104, 106-129) and 11 (section 131)
came into operation on 16 November 2004: Special Gazette (No. 237) 16 November
2004 page 2. Parts 2-6 and section 105 came into operation on 1 July 2005:
section 2(4). 2. Table of Amendments This Version incorporates amendments made
to the Major Crime (Investigative Powers) Act 2004 by Acts and subordinate
instruments. -------------------------------------------------------------
Corrections and Major Crime (Investigative Powers) Acts (Amendment) Act 2004,
No. 97/2004 Assent Date: 14.12.04 Commencement Date: Ss 6-9 on 16.11.04: s.
2(3) Current State: This information relates only to provision/s amending the
Major Crime (Investigative Powers) Act 2004 Public Administration Act 2004,
No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item
120) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This
information relates only to the provision/s amending the
Major Crime (Investigative Powers) Act 2004 Legal Profession (Consequential
Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S.
18(Sch. 1 item 64) on 12.12.05: Government Gazette 1.12.05 p. 2781 Current
State: This information relates only to the provision/s amending the
Major Crime (Investigative Powers) Act 2004 Investigative, Enforcement and
Police Powers Acts (Amendment) Act 2005, No. 87/2005 Assent Date: 29.11.05
Commencement Date: S. 12 on 30.11.05: s. 2(1) Current State: This information
relates only to the provision/s amending the
Major Crime (Investigative Powers) Act 2004 Statute Law (Further Revision) Act
2006, No. 29/2006 Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 20)
on 7.6.06: s. 2(1) Current State: This information relates only to the
provision/s amending the Major Crime (Investigative Powers) Act 2004 Children,
Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 24) on 23.4.07: s.
2(3) Current State: This information relates only to the provision/s amending
the Major Crime (Investigative Powers) Act 2004

Statute Law Revision Act 2007, No. 28/2007 Assent Date: 26.6.07 Commencement
Date: S. 3(Sch. item 39) on 27.6.07: s. 2(1) Current State: This information
relates only to the provision/s amending the
Major Crime (Investigative Powers) Act 2004 Motor Car Traders Amendment Act
2008, No. 4/2008 Assent Date: 4.3.08 Commencement Date: S. 32(Sch. item 19) on
1.12.08: s. 2(2) Current State: This information relates only to the
provision/s amending the Major Crime (Investigative Powers) Act 2004 Major
Crime (Investigative Powers) and Other Acts Amendment Act 2008, No. 60/2008
Assent Date: 22.10.08 Commencement Date: S. 3 on 23.10.08: s. 2(1) Current
State: This information relates only to the provision/s amending the
Major Crime (Investigative Powers) Act 2004 Major Crime Legislation Amendment
Act 2009, No. 3/2009 Assent Date: 10.2.09 Commencement Date: S. 8 on 27.2.09:
Government Gazette 26.2.09 p. 444 Current State: This information relates only
to the provision/s amending the Major Crime (Investigative Powers) Act 2004
------------------------------------------------------------- 3. Explanatory
Details No entries at date of publication.





































INDEX

Subject

Section

Act

commencement 2
purposes 1 Arrest 46, 49 Bail 46, 49 Chief Commissioner

definition 3
delegation 65
powers, functions, approvals regarding

arrested witnesses 46, 49 assistance to Special Investigations Monitor 58
availability of evidence to courts 43 coercive powers orders 5, 10-11
information sharing 67 register, records 66 reports to Special Investigations
Monitor 57, 66 witness expenses 19
recommendations by Special Investigations Monitor to

57
reports by Special Investigations Monitor on 61 Chief Examiner

appointment 21
conflicts of interest 26
contempt of 49-50
definition 3
delegation 65
entry to premises occupied by, access to records of 59
hindrance, obstruction 44
police assistance to 28
powers, functions, duties regarding

arrest 49 coercive powers orders 9, 10, 27 reports 52-53, 57 Special
Investigations Monitor 57-60 witness summonses, orders 13-16, 18, 20, 52
recommendations by Special Investigations Monitor to

57
remuneration, allowances 22
reports by Special Investigations Monitor on 61-62
resignation, removal, suspension 24
secrecy 68
terms and conditions of office 23
validity of acts, decisions 25 See also Examinations

Coercive powers orders

applications 5-6
authority given by 4
definition 3
discontinuance of use of powers under 11
extension 10
making of 8
matters to be stated in 9
publication of reports of proceedings for 7
remote applications 6
revocation 11-12
sharing of information derived under 67
variation 10 See also Witness summonses

Contempt of Chief Examiner 49-50 Definitions 3, 20, 21, 30, 49, 67, 68 Entry
powers 46, 59 Examinations

arrest warrants for witnesses 46, 49
commencement, continuation 29
complaints regarding 31, 43, 54-56
conduct 30
disruption 44
documents, other things produced at 38-39, 47-48, 66
evidence in

availability to courts 43 false, misleading evidence, documents 38
inadmissibility 39, 45 legal professional privilege 31, 40-42, 48 publication
43 self-incrimination privilege abrogated 31, 39 taking of 36
exemption from Freedom of Information Act 1982 for documents regarding

69
failure to attend, answer questions, produce documents

37, 46, 49
holding of 35
information for witnesses 31
preliminary requirements 31
protection of legal practitioners, witnesses 33
reports to, by Special Investigations Monitor on 53, 61
representation of witnesses at 31, 34-35
video recordings, transcripts 45, 53
witnesses under 16 31, 32, 37
witnesses under 18 31, 34
witnesses with mental impairment 34 See also Witness summonses

Examiners

appointment 21
conflicts of interest 26
duties regarding Special Investigations Monitor 58-60
exercise of Chief Examiner's powers regarding coercive powers orders

27
remuneration, allowances 22
reports by Special Investigations Monitor on 61-62



resignation, removal, suspension 24
secrecy 68
terms and conditions of office 23
validity of acts, decisions 25 See also Examinations

Freedom of Information Act 1982 69 Guardians 31, 34-35 Imprisonment

arrested witnesses 46, 49
definitions of police gaols, prisons 3
witness orders for persons in prison 18 Interpreters 31, 34-35 Legal
practitioners

definition 3
legal professional privilege 40-42, 48
protection 33
representation of witnesses at examinations 31, 34-35
right to cross-examine in examinations 36 Magistrates' Court 41-42, 47-48
Mental impairment

definition 3
evidence given at examinations by persons with 34
witness summonses for persons with 14, 15 Offences

regarding

coercive powers orders 7 contempt of Chief Examiner 49-50 examinations 35-38,
42-44 reports of proceedings in Magistrates' Court 48 secrecy 68 Special
Investigations Monitor 60, 64 witness summonses, orders 20 Organised crime
offences (def.) 3 Parents 31, 34-35 Police

entry to premises occupied by, access to records of 59
powers, duties regarding

arrest warrants 46, 49 assistance to Chief Examiner 28 coercive powers orders
5-6, 10 documents, things produced at examinations 47, 66 Special
Investigations Monitor 58-60 witness summonses, orders 14-15, 18
reports by Special Investigations Monitor on 61-62
secrecy 68 Police custody

arrested witnesses 46, 49
witness orders for persons already held in 18 Prisons, prisoners See
Imprisonment

Regulations 70



Special Investigations Monitor

assistance to 58
complaints regarding examinations to 31, 43, 54-56
definition 3
delegation 65
exemption from Freedom of Information Act 1982 for documents in possession of

69
hindrance, obstruction 64
information, documents, answers required by 59-60, 63
powers of entry, access to records 59
recommendations 57
report on operation of Part 5 by 62
reports by Chief Commissioner to 57, 66
reports by Chief Examiner to 52-53, 57
reports on examinations to 53
reports on performance of own functions by 61
reports on witness summonses to 52
role 51
secrecy 68 Supreme Court

jurisdiction, powers regarding

arrest, bail 46, 49 coercive powers orders 5-12 contempt of Chief Examiner 49
witness summonses, orders 14, 16-18, 20 Witness orders 18, 20 Witness
summonses

applications 14-15
confidentiality 20
definition 3
form 14-15
issue by Chief Examiner 15
issue by Supreme Court 14
matters stated in, required by 14-15
directed to persons under 16 14-16
directed to persons under 18 14-15
directed to persons with mental impairment 14-15
reports to Special Investigations Monitor on 52
revocation 12-13
service 14-15, 17
witness expenses 19 See also Examinations

Witnesses under 16, under 18 years of age

See Examinations; Witness summonses

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Major Crime (Investigative Powers) Act 2004 No. 79 of 2004