CRIMINAL INVESTIGATION (EXCEPTIONAL POWERS) AND FORTIFICATION REMOVAL ACT 2002

This legislation has been repealed.

CRIMINAL INVESTIGATION (EXCEPTIONAL POWERS) AND FORTIFICATION REMOVAL ACT 2002

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Meanings of terms used in this Act
            
   4.      Section 4 offences
            
   5.      Act not applicable to juveniles
            
   6.      Delegation by Commissioner of Police

   PART 2 -- Special commissioners  

   7.      Appointment of special commissioner
            
   8.      Effect of appointment

   PART 3 -- Basis for, and control of, use of powers  

   9.      Finding as to grounds for exercising Part 4 or 5 powers
            
   10.     Special commissioner may limit exercise of powers
            
   11.     Overseeing exercise of certain powers

   PART 4 -- Examination before special commissioner

           Division 1 -- Preliminary matters  

   12.     Scope of this PART
            
   13.     Offences for which a person stands charged

           Division 2 -- Proceedings before special commissioner  

   14.     Summoning witnesses to attend and produce things
            
   15.     Disclosure of summons may be prohibited
            
   16.     Witness to attend while required
            
   17.     Power to examine on oath
            
   18.     Affirmation instead of oath
            
   19.     Legal representation
            
   20.     Examination of witnesses
            
   21.     Examination to be private
            
   22.     Conduct of proceedings
            
   23.     Arrest of witness failing to appear
            
   24.     Appeal against apprehension
            
   25.     Power of special commissioner in relation to things produced
            
   26.     Records of investigation
            
   27.     Witness protection arrangements
            
   28.     Ancillary powers of special commissioner

           Division 3 -- Contraventions and offences  

   29.     Proceedings for an offence
            
   30.     Penalty for failing to attend or produce anything
            
   31.     Penalty for failing to be sworn or to give evidence
            
   32.     Offences of disclosure contrary to notation on summons
            
   33.     Breaching privacy of proceedings
            
   34.     Giving false testimony
            
   35.     Bribery of witness
            
   36.     Fraud on witness
            
   37.     Destroying evidence
            
   38.     Preventing witness from attending
            
   39.     Injury to witness
            
   40.     Dismissal by employers of witness

           Division 4 -- Other matters  

   41.     Judicial supervision excluded
            
   42.     Legal professional privilege
            
   43.     Use of statements obtained
            
   44.     Protection to special commissioner and others
            
   45.     Proceedings for defamation not to lie
            
   46.     Privilege, protection or immunity not limited or abridged
            
   47.     Facilitating proof of certain things

   PART 5 -- Entry, search, and related matters  

   48.     When this Part applies
            
   49.     Enhanced power to enter, search, and detain
            
   50.     Enhanced power to stop, detain, and search
            
   51.     Provisions about searching a person
            
   52.     Extension of power to search
            
   53.     Things that have been seized
            
   54.     Offences under this Part
            
   55.     Report on use of powers under this Part

   PART 6 -- Surveillance devices  

   56.     Enhanced powers concerning surveillance devices

   PART 7 -- Fortifications  

   57.     Meaning of terms used in this Part
            
   58.     Issuing fortification warning notice
            
   59.     Contents of fortification warning notice
            
   60.     Giving fortification warning notice
            
   61.     Withdrawal notice
            
   62.     Issuing fortification removal notice
            
   63.     Contents of fortification removal notice
            
   64.     Giving fortification removal notice
            
   65.     Enforcing fortification removal notice
            
   66.     Review of fortification removal notice
            
   67.     Hindering removal or modification of fortifications
            
   68.     Planning and other approval issues
            
   69.     No compensation
            
   70.     Protection from liability for wrongdoing
            
   71.     Regulations

   PART 8 -- Other provisions  

   72.     Freedom of Information Act 1992 amended
            
   73.     Review of Act
            
   74.     Parliamentary Supervisory Committee
           SCHEDULE 1 -- Offences that may be relevant for this Act
           Compilation table