Major Crime (Investigative Powers) Act 2004 (Vic)

Version No. 040

Major Crime (Investigative Powers) Act 2004

No. 79 of 2004

Version incorporating amendments as at

25 August 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

3AAMeaning of organised crime offence

Part 1A—Role of Public Interest Monitor

3AApplication of Part 1A

3BInformation to be given to Public Interest Monitor

3CFull disclosure to Public Interest Monitor

3DRole of Public Interest Monitor

Part 2—Coercive powers orders and witness summonses

4Authority given by coercive powers order

5Application for order

6Remote application

7Offence to publish report of proceedings

8Determination of application

9Coercive powers order

10Extension or variation of coercive powers order

11Discontinuance of use of powers under coercive powers order

12Revocation of coercive powers order

12AProcedure for revocation hearing

12BAppointment of special counsel

12CActions following revocation of coercive powers order

13Chief Examiner must act on revocation

14Supreme Court may issue witness summons

15Chief Examiner may issue witness summons

16Witness summons directed to person under 16

17Service of witness summons

18Witness already held in custody

19Witness expenses

20Confidentiality of witness summons and orders

Part 3—Chief Examiner and Examiners

21Appointment of Chief Examiner and Examiners

22Remuneration and allowances

23Terms and conditions

24Vacancy, resignation, removal

25Validity of acts and decisions

26Conflict of interest

27Management of Examiners

28Police assistance to Chief Examiner

Part 4—Examinations

29When Chief Examiner may conduct examinations

30Conduct of examination

31Preliminary requirements

32Witness under 16

33Protection of legal practitioners and witnesses

34Representation of witness

35Examination to be held in private

35APerson may be examined without summons

36Taking of evidence

37Failure of witnesses to attend and answer questions

38False or misleading evidence

39Privilege against self-incrimination abrogated

40Legal professional privilege

41Procedure for determining claims of legal professional privilege

42Application to County Court or Supreme Court to determine legal professional privilege

43Restriction on publication of evidence

43ARelease of restricted evidence to a person charged with an offence

43BRelease of restricted evidence where person not yet charged

44Hindering or obstructing Chief Examiner or disrupting examination

45Video-recording of examination

46Warrant for arrest of witness

47Documents or other things produced to Chief Examiner

48Court proceedings

49Contempt of Chief Examiner

50No double jeopardy

Part 5—Oversight by Integrity Oversight Victoria

51Functions of Integrity Oversight Victoria under this Part

52Chief Examiner must report witness summonses and orders to Integrity Oversight Victoria

53Chief Examiner must report other matters to Integrity Oversight Victoria

54Complaint to Integrity Oversight Victoria

57Recommendations by Integrity Oversight Victoria

58Requirement to provide assistance

59Powers of entry and access

60Requirement to answer questions and produce documents

61Annual and other reports by Integrity Oversight Victoria

63Application of privileges and provision of information, documents

64Obstruction

Part 6—Miscellaneous

65Delegation

65ADeputy Commissioners of Victoria Police

66Obligations of Chief Commissioner

67Information sharing

68Secrecy

69Exemption from Freedom of Information Act 1982

70Regulations

71Transitional provision—Complaints to the SIM

72Transitional provision—First annual report

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 040

Major Crime (Investigative Powers) Act 2004

No. 79 of 2004

Version incorporating amendments as at

25 August 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to provide for a regime for the authorisation and oversight of the use of coercive powers to investigate and prosecute organised crime offences; and

(b)to combat and reduce the incidence of organised crime offences.

2Commencement

(1)Subject to this section, this Act (except sections 75, 97 and 130) comes into operation on a day or days to be proclaimed.

(2)Sections 75 and 97 come into operation on the day on which this Act receives the Royal Assent.

(3)Section 130 is deemed to have come into operation on the day on which the Major Crime Legislation (Office of Police Integrity) Act 2004 received the Royal Assent.

(4)If a provision of this Act, other than section 75, 97 or 130, does not come into operation before 1 July 2005, it comes into operation on that day.

3Definitions

In this Act—

Chief Commissioner means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;

Chief Examiner means the Chief Examiner appointed under Part 3;

Chief Integrity Inspector has the same meaning as in the Integrity Oversight Victoria Act 2011;

coercive powers order means an order made under section 8 authorising the use of coercive powers to investigate an organised crime offence;

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Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

legal practitioner means an Australian legal practitioner;

member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;

mental impairment includes impairment because of mental illness, intellectual disability, dementia or brain injury;

organised crime offence has the meaning given by section 3AA;

police gaol has the same meaning as in the Corrections Act 1986;

police officer has the same meaning as in the Victoria Police Act 2013;

prison has the same meaning as in the Corrections Act 1986 but includes a youth justice centre established under section 478 of the Children, Youth and Families Act 2005;

proper officer means—

(a)in the case of the Supreme Court—the prothonotary;

(b)in the case of the County Court—a registrar of that Court;

Public Interest Monitor means a Public Interest Monitor within the meaning of the Public Interest Monitor Act 2011;

restricted evidence means any evidence, information or thing that is the subject of a direction that is in force under section 43(1);

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witness summons means a summons issued under section 14 or 15.

3AAMeaning of organised crime offence

(1)For the purposes of this Act, organised crime offence means an indictable offence against the law of Victoria that—

(a)is punishable by level 5 imprisonment (10 years maximum) or more; and

(b)involves 2 or more offenders; and

(c)satisfies subsection (2) or (3).

(2)An offence satisfies this subsection if the offence—

(a)involves substantial planning and organisation; and

(b)forms part of systemic and continuing criminal activity; and

(c)has a purpose of obtaining profit, gain, power or influence or of sexual gratification where the victim is a child.

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(4)It is immaterial that the offence was committed before the commencement of this Act.

PART 1A—ROLE OF PUBLIC INTEREST MONITOR

3AApplication of Part 1A

This Part applies if a person is required under this Act to give notice to the Public Interest Monitor of an application for—

(a)a coercive powers order; or

(b)an extension, variation or revocation of a coercive powers order.

3BInformation to be given to Public Interest Monitor

(1)If the application is made in writing, the applicant must give the Public Interest Monitor a copy of the application and any affidavit required to be given to the Supreme Court in support of the application.

(2)If further information is required under section 5(5) to be given to the Supreme Court, the applicant must also give the Public Interest Monitor that information.

(3)If the application is to be made by telephone, the applicant must give the Public Interest Monitor the information required to be given to the Supreme Court judge on a telephone application.

(4)An obligation to maintain secrecy in relation to, or that otherwise restricts, the provision of information to the Public Interest Monitor, whether imposed under an Act or by a rule of law, does not apply to the provision of information under this Part.

3CFull disclosure to Public Interest Monitor

(1)The applicant must fully disclose to the Public Interest Monitor all matters of which the applicant is aware that are adverse to the application.

(2)The applicant must not knowingly or recklessly fail to comply with subsection (1).

Penalty:60 penalty units or imprisonment for 6 months or both.

3DRole of Public Interest Monitor

(1)The Public Interest Monitor is entitled—

(a)to appear at any hearing of the application to test the content and sufficiency of the information relied on and the circumstances of the application; and

(b)for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—

(i)to ask questions of any person giving information in relation to the application; and

(ii)to make submissions to the Supreme Court judge as to the appropriateness of granting the application.

(2)Without limiting subsection (1), the Public Interest Monitor is entitled to make submissions to the Supreme Court in the presence of the judge or by phone, fax, email or any other reasonable way.

(3)If a Public Interest Monitor is not reasonably able to be contacted for an application to which section 5(6) applies—

(a)the application may proceed without a Public Interest Monitor being notified; and

(b)a Public Interest Monitor must be notified as soon as possible and given any information requested by the Public Interest Monitor that the Public Interest Monitor would have been entitled to obtain for or during the application.

(4)As soon as practicable after the application is determined, the Public Interest Monitor must return to the applicant any documents given by the applicant to the Public Interest Monitor under section 3B or 3C or subsection (3) of this section in relation to the application.

PART 2—COERCIVE POWERS ORDERS AND WITNESS SUMMONSES

4Authority given by coercive powers order

A coercive powers order authorises the use in accordance with this Act of powers provided by this Act for the purpose of investigating the organised crime offence in respect of which the order is made.

5Application for order

(1)Subject to subsections (2) and (2A), a police officer may apply to the Supreme Court for a coercive powers order if the police officer 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.

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(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.

(5A)The applicant must notify a Public Interest Monitor of the application in accordance with the regulations under the Public Interest Monitor Act 2011.

(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 or affirmed before the application is made—

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

(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 or affirmed, provide a copy of the unsworn or affirmed affidavit to the Supreme Court; and

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

6Remote application

(1)If a police officer believes that it is impracticable for an application for a coercive powers order to be made in person, the application may be made under section 5 by telephone, fax or other electronic communication.

(2)If transmission by fax or other electronic communication is available and an affidavit has been prepared, the applicant must transmit a copy of the affidavit, whether sworn or affirmed, or unsworn or not affirmed, to the judge of the Supreme Court who is to determine the application.

7Offence to publish report of proceedings

(1)Unless the Supreme Court orders otherwise, a person who publishes a report of a proceeding in respect of an application for a coercive powers order or any information derived from such a proceeding is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).

(2)The Supreme Court may make an order under subsection (1) if it considers it appropriate to do so.

8Determination of application

(1)The Supreme Court may make a coercive powers order if satisfied—

(a)that there are reasonable grounds for the suspicion founding the application for the order; and

(b)that it is in the public interest to make the order, having regard to—

(i)the nature and gravity of the alleged organised crime offence in respect of which the order is sought; and

(ii)the impact of the use of coercive powers on the rights of members of the community.

(2)In making a coercive powers order, the Supreme Court must have regard to any submissions made by a Public Interest Monitor.

9Coercive powers order

(1)A coercive powers order must state that the Supreme Court is satisfied of the matters referred to in section 8(1)(a) and (1)(b) having regard to the matters referred to in section 8(1)(b)(i), 8(1)(b)(ii) and 8(2).

(2)A coercive powers order must also specify—

(a)the organised crime offence in respect of which the order is made; and

(b)the name of each alleged offender or, if the name is unknown, state that the offender is unknown; and

(c)the name and rank of the applicant; and

(d)the name and rank of the person who approved the application; and

(e)the date on which the order is made; and

(f)the period for which the order remains in force, being a period not exceeding 12 months; and

(g)any conditions on the use of coercive powers under the order.

(3)A coercive powers order must be signed by the judge of the Supreme Court who makes it and include his or her name.

(4)If the Supreme Court makes a coercive powers order, the applicant must cause a copy of the order to be given to the Chief Examiner as soon as practicable after the making of the order.

10Extension or variation of coercive powers order

(1)Subject to subsection (2), a police officer on whose application a coercive powers order has been made, or another person on his or her behalf, may apply to the Supreme Court for—

(a)an extension of the order for a period not exceeding 12 months from the day on which it would otherwise expire; or

(b)a variation of any of the other terms of the order.

(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)Section 5 applies to an application for extension or variation of a coercive powers order as if it were an application for an order.

(3A)The Supreme Court must have regard to any submissions made by a Public Interest Monitor before making a decision under subsection (4).

(4)On an application under this section, the Supreme Court may, at any time before the expiry of a coercive powers order, make a new order providing for—

(a)the extension of the original order for a period not exceeding 12 months from the day on which it would otherwise expire; or

(b)variation of the other terms of the original order.

(5)A coercive powers order may be extended or varied more than once.

(6)If the Supreme Court makes an order under this section, the applicant must cause a copy of the order to be given to the Chief Examiner as soon as practicable after the making of the order.

11Discontinuance of use of powers under coercive powers order

(1)If the Chief Commissioner or the delegate of the Chief Commissioner who approved an application for a coercive powers order, or an application for extension or variation of a coercive powers order, is satisfied that the powers under the order are no longer required for the purpose for which the order was made, the Chief Commissioner or delegate must immediately give notice in writing to the Supreme Court that the person giving notice has formed the view that the coercive powers order is no longer required.

(2)A notice under subsection (1) must be filed with the Supreme Court.

(2A)The Chief Commissioner or delegate must give a copy of a notice under subsection (1) to a Public Interest Monitor.

(3)On the filing of a notice under subsection (1), the coercive powers order is revoked.

12Revocation of coercive powers order

(1)The Supreme Court may revoke a coercive powers order at any time before the expiry of the order.

(2)The Supreme Court must give notice of the application for the revocation of a coercive powers order to the Chief Examiner and the Chief Commissioner setting out the time and date of the hearing of the application.

12AProcedure for revocation hearing

(1)If the Chief Commissioner objects to the disclosure or production of protected information at a hearing for the revocation of a coercive powers order, the Chief Commissioner may apply before the hearing to the Supreme Court to determine the matter of the revocation—

(a)at a hearing at which evidence given by a police officer is given on the basis of confidential affidavit that is not disclosed to one or more of the parties or any representative of those parties; or

(b)at a hearing held in closed court in which the Chief Commissioner and each party to the proceeding has a right to make submissions; or

(c)at a hearing held without notice to, and without the presence of, one or more of the parties or any representative of those parties; or

(d)by any combination of the methods set out in paragraphs (a), (b) and (c).

(2)If the Supreme Court is satisfied that it is not in the public interest to hear and determine the matter by the method specified by the Chief Commissioner in the application under subsection (1), the Court may decide to hear and determine the matter by any other method set out in subsection (1).

(3)In deciding which method to hear and determine the matter of the revocation of a coercive powers order, the Supreme Court must take into account—

(a)the public interest in protecting the confidentiality of any intelligence information or any document or thing provided to the Court for the purposes of obtaining the coercive powers order or obtained or to be obtained under the coercive powers order; and

(b)the extent to which the method of hearing and determining the matter may disclose any intelligence information, or document or thing the disclosure of which—

(i)reveals the identity of the police officer who applied for the coercive powers order or puts that police officer's safety at risk; or

(ii)reveals the identity of a person who has been called, or who has appeared, as a witness in an examination conducted under the coercive powers order, or puts that person's safety at risk; or

(iii)reveals the identity of a person who has provided a police officer with information relating to an investigation, or puts that person's safety at risk; or

(iv)reveals the identity of a person whose name appears in any evidence given or information provided to a police officer relating to an investigation, or puts that person's safety at risk; or

(v)reveals the identity of a person who is or has been the subject of an investigation by a police officer, or puts that person's safety at risk; or

(vi)places at risk an ongoing investigation by a police officer; or

(vii)risks the disclosure of any investigative method used by police officers; or

(viii)is otherwise not in the public interest.

(4)If the Supreme Court decides to hear and determine the matter of the revocation by the method set out in subsection (1)(a), the Court may require the police officer to provide the Court with any further confidential affidavits the Court requires to determine the matter.

(5)In this section protected information means any intelligence information, document or thing the production or inspection of which—

(a)is likely to reveal any matter referred to in subsection (3)(b)(i) to (v); or

(b)is likely to place at risk an ongoing investigation by a police officer; or

(c)is likely to risk the disclosure of any investigative method used by police officers; or

(d)is otherwise not in the public interest.

12BAppointment of special counsel

(1)If the Supreme Court decides to hear and determine an application for the revocation of a coercive powers order at a hearing referred to in section 12A(1)(c), the Court may appoint a special counsel to represent the interests of a party to the proceeding at the hearing.

(2)A special counsel must be a barrister within the meaning of the Legal Profession Uniform Law (Victoria) who, in the opinion of the Supreme Court, has the appropriate skills and ability to represent the interests of the party at the hearing.

(3)At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the application, the special counsel may communicate with the party whose interests he or she is representing, or any representative of that party, for the purpose of obtaining information from the party or representative in relation to the proceeding.

(4)At any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the application, the special counsel—

(a)must not take instructions from the party whose interests he or she is representing, or from any representative of that party; and

(b)may communicate to that party or a representative of that party any order made by the Supreme Court at or in relation to the hearing; and

(c)must not communicate any other information in relation to the hearing to that party or a representative of that party without leave of the Supreme Court.

12CActions following revocation of coercive powers order

If the Supreme Court revokes a coercive powers order or a notice under section 11(1) is filed, the Court must—

(a)cause notice of the revocation to be given to the Chief Examiner and the Chief Commissioner immediately; and

(ab)cause notice of the revocation to be given to a Public Interest Monitor in accordance with the regulations under the Public Interest Monitor Act 2011; and

(b)revoke any witness summons issued under section 14 in reliance on the coercive powers order if the witness summons has not been served or the date for attendance has not passed; and

(c)give notice in writing of the revocation of each witness summons to the person to whom the summons was directed.

13Chief Examiner must act on revocation

If the Chief Examiner is given notice under section 12C that a coercive powers order has been revoked, the Chief Examiner must—

(a)revoke any witness summons issued under section 15 in reliance on the coercive powers order if the witness summons has not been served or the date for attendance has not passed; and

(b)give notice in writing of the revocation of each witness summons to the person to whom the summons was directed; and

(c)release from attendance or further attendance each witness who has been summoned to attend an examination in reliance on the order.

14Supreme Court may issue witness summons

(1)This section applies if a coercive powers order is in force in respect of an organised crime offence.

(2)On application under subsection (3), the Supreme Court may issue the following witness summonses—

(a)a summons to attend an examination before the Chief Examiner to give evidence;

(b)a summons to attend at a specified time and place to produce specified documents or other things to the Chief Examiner;

(c)a summons to attend an examination before the Chief Examiner to give evidence and produce specified documents or other things.

(3)A police officer may apply to the Supreme Court for the issue of a summons referred to in subsection (2)—

(a)at the time of the making of the coercive powers order; or

(b)at any later time while the coercive powers order is in force.

(4)An application for a summons—

(a)must be in writing; and

(b)must state the name and rank of the applicant; and

(c)must state the reason why a summons is needed for the person to whom it is to be directed; and

(d)must indicate the evidentiary or intelligence value of the information sought to be obtained from the person to whom the summons is to be directed; and

(e)if the applicant suspects that the person to whom the summons is to be directed has a mental impairment, must state that suspicion; and

(f)if the applicant suspects or knows that the person to whom the summons is to be directed is under the age of 18 years, must state that suspicion or knowledge and the suspected or known age of the person.

(5)The Supreme Court may require the applicant to provide any additional information that the Court requires in relation to the application.

(6)On application under subsection (3), the Supreme Court may issue a summons directed to a person, other than a person referred to in subsection (7), if the Court is satisfied that it is reasonable in the circumstances to do so, after consideration of—

(a)the evidentiary or intelligence value of the information sought to be obtained from the person; and

(b)the age of the person, and any mental impairment to which the person is known to be subject.

(7)The Supreme Court must not issue a summons directed to a person known to be under the age of 16 years.

(8)A summons must require the person to whom it is directed to attend at a specified place on a specified date and at a specified time and from day to day unless excused or released from further attendance—

(a)to give evidence before the Chief Examiner; or

(b)to produce for examination by the Chief Examiner any documents or other things described in the summons that are in the person's possession or control; or

(c)both to give evidence and produce for examination any documents or other things described in the summons that are in the person's possession or control.

(9)A summons, other than a summons referred to in subsection (10), must be served a reasonable time before the date on which the person is required to attend.

(10)The Supreme Court may issue a summons that requires the immediate attendance before the Chief Examiner of the person to whom it is directed if the Court reasonably believes that a delay in the person's attendance is likely to result in—

(a)evidence being lost or destroyed; or

(b)the commission of an offence; or

(c)the escape of an offender; or

(d)serious prejudice to the conduct of the investigation of the organised crime offence.

(11)A summons directed to a person must state—

(a)the general nature of the matters about which the person is to be questioned, unless the Supreme Court considers that this disclosure would prejudice the conduct of the investigation of the organised crime offence; and

(b)that a coercive powers order has been made under this Act by the Supreme Court and the date on which the order was made.

(12)A summons—

(a)must be in the prescribed form; and

(b)must include a statement that if the person summoned is under the age of 16 years at the date of issue of the summons the person need not comply with the summons but must—

(i)if the Supreme Court issued the summons, give notice in writing and proof of age to the Supreme Court and the Chief Examiner; or

(ii)if the Chief Examiner issued the summons, give notice in writing and proof of age to the Chief Examiner.

(13)The applicant must cause a copy of a summons to be given to the Chief Examiner as soon as practicable after the summons is issued.

15Chief Examiner may issue witness summons

(1)This section applies if a coercive powers order is in force in respect of an organised crime offence.

(2)The Chief Examiner may issue the following witness summonses on his or her own motion or on the application of a police officer—

(a)a summons to attend an examination before the Chief Examiner to give evidence;

(b)a summons to attend at a specified time and place to produce specified documents or other things to the Chief Examiner;

(c)a summons to attend an examination before the Chief Examiner to give evidence and produce specified documents or other things.

(3)The Chief Examiner may determine the procedure for making an application for the issue of a summons under this section.

(4)The Chief Examiner may issue a summons directed to a person, other than a person referred to in subsection (5), if the Chief Examiner is satisfied that it is reasonable in the circumstances to do so, after consideration of—

(a)the evidentiary or intelligence value of the information sought to be obtained from the person; and

(b)the age of the person, and any mental impairment to which the person is known to be subject.

(5)The Chief Examiner must not issue a summons directed to a person known to be under the age of 16 years.

(6)On issuing a summons, the Chief Examiner must record in writing—

(a)the grounds on which the summons is issued; and

(b)if the summons is directed to a person suspected to be under the age of 18 years, the reason for suspecting or believing that the person is aged 16 years or above.

(7)A summons must require the person to whom it is directed to attend at a specified place on a specified date and at a specified time and from day to day unless excused or released from further attendance—

(a)to give evidence before the Chief Examiner; or

(b)to produce for examination by the Chief Examiner any documents or other things described in the summons that are in the person's possession or control; or

(c)both to give evidence and produce for examination any documents or other things described in the summons that are in the person's possession or control.

(8)A summons, other than a summons referred to in subsection (9), must be served a reasonable time before the date on which the person is required to attend.

(9)The Chief Examiner may issue a summons that requires the immediate attendance before the Chief Examiner of the person to whom it is directed if the Chief Examiner reasonably believes that a delay in the person's attendance is likely to result in—

(a)evidence being lost or destroyed; or

(b)the commission of an offence; or

(c)the escape of an offender; or

(d)serious prejudice to the conduct of the investigation of the organised crime offence.

(10)A summons directed to a person must state—

(a)the general nature of the matters about which the person is to be questioned, unless the Chief Examiner considers that this disclosure would prejudice the conduct of the investigation of the organised crime offence; and

(b)that the coercive powers order has been made under this Act by the Supreme Court and the date on which the order was made.

(11)A summons must be in the prescribed form and must include a statement that if the person summoned is under the age of 16 years at the date of issue of the summons, the person need not comply with the summons.

16Witness summons directed to person under 16

(1)A witness summons directed to a person under the age of 16 years at the date of issue of the summons has no effect.

(2)A person who claims to be under the age of 16 years at the date of issue of a summons directed to the person must—

(a)if the Supreme Court issued the summons, give notice in writing and proof of age to the Supreme Court and the Chief Examiner; or

(b)if the Chief Examiner issued the summons, give notice in writing and proof of age to the Chief Examiner.

17Service of witness summons

(1)A witness summons directed to a natural person must be served by delivering a copy of the summons to the person personally.

(2)A witness summons directed to a body corporate must be served by sending a copy of the witness summons by registered post to the head office, a registered office, a principal office or a principal place of business of the body corporate or to a postal address of the body corporate.

(3)If it appears to the Supreme Court that service of a witness summons has not been or is unlikely to be effected, the Court may make an order for substituted service.

18Witness already held in custody

(1)This section applies if a coercive powers order is in force in respect of an organised crime offence.

(2)If a person is held in a prison or police gaol, a police officer may apply to the Supreme Court or the Chief Examiner for an order that the person be delivered into the custody of the police officer for the purpose of bringing the person before the Chief Examiner to give evidence at an examination.

(3)If the application under subsection (2) is made to the Supreme Court, section 14(4), (5), (6), (7) and (11) apply as if a reference to—

(a)a summons were a reference to an order referred to in subsection (2); and

(b)issuing a summons were a reference to making an order referred to in subsection (2).

(4)If the application under subsection (2) is made to the Chief Examiner, section 15(3), (4), (5), (6) and (10) apply as if a reference to—

(a)a summons were a reference to an order referred to in subsection (2); and

(b)issuing a summons were a reference to making an order referred to in subsection (2).

(5)An order made on application under subsection (2)—

(a)must be in the prescribed form; and

(b)must include a statement that if the person who is the subject of the application is under the age of 16 years at the date of issue of the order, the order is of no effect and the person is not required to attend the examination; and

(c)if the person is aged 16 years or over, has effect as a suspension of a direction in a warrant of commitment to deliver the person to the place of detention specified in the warrant or to hold the person in that place (as the case may be).

(6)If the Supreme Court makes an order on application under subsection (2), the applicant must cause a copy of the order to be given to the Chief Examiner as soon as practicable after the order is made.

(7)At the cessation of giving evidence at an examination before the Chief Examiner or on release from compliance with the order by the Chief Examiner, any police officer, police custody officer or escort officer must deliver the person who is the subject of the order to—

(a)the place of detention at which the person was held or detained at the time of the application for the order; or

(b)if that place of detention is a prison, any other prison determined by the Secretary to the Department of Justice and Regulation; or

(c)if that place of detention is a police gaol, any other police gaol determined by the Chief Commissioner.

(8)If an order is made under this section, sections 12C, 13, 16, 37(5) and 49 apply as if a reference in those sections to a witness summons issued under section 14 or 15 included a reference to an order under this section.

(9)A police custody officer may supervise a person who is the subject of an order under this section and in doing so has the functions and powers referred to in section 200I of the Victoria Police Act 2013 as if a reference to "this Division" were a reference to this section.

(10)An escort officer may supervise a person who is the subject of an order under this section and in doing so has the functions and powers referred to in section 55C of the Corrections Act 1986.

(11)A person being supervised by a police custody officer or an escort officer under this section remains in the custody of the police officer referred to in subsection (2).

(12)In this section—

escort officer has the same meaning as in the Corrections Act 1986;

police custody officer has the same meaning as in the Victoria Police Act 2013.

19Witness expenses

(1)A person who attends before the Chief Examiner in answer to a witness summons is entitled to be paid the same allowances and expenses that would be payable to a Crown witness in a criminal proceeding in the Magistrates' Court.

(2)The allowances and expenses are to be paid by the Chief Commissioner.

20Confidentiality of witness summons and orders

(1)Subject to subsections (2) and (3), the Supreme Court or the Chief Examiner may give a person to whom a witness summons is issued under this Part or in respect of whom an order is made under section 18 or any person who executes an order under section 18 a written notice stating—

(a)that the summons or order is a confidential document; and

(b)that it is an offence to disclose to anyone else, except in the circumstances, if any, specified in the notice, the existence of the document or the subject-matter of the organised crime offence in relation to which the summons was issued or the order was made or any official matter connected with the summons or order, unless the person has a reasonable excuse.

(2)The Supreme Court or the Chief Examiner must give a notice under subsection (1) if satisfied that failure to do so—

(a)would reasonably be expected to prejudice—

(i)the safety of a person; or

(ii)the fair trial of a person who has been or may be charged with an offence; or

(iii)the effectiveness of an investigation of the organised crime offence in relation to which the summons was issued or the order was made; or

(b)would otherwise be contrary to the public interest.

(3)The Supreme Court or the Chief Examiner may give a notice under subsection (1) if satisfied that failure to do so—

(a)might prejudice the effectiveness of an investigation of the organised crime offence in relation to which the summons was issued or the order was made; or

(b)might otherwise be contrary to the public interest.

(4)If the Supreme Court gives a notice under subsection (1), the applicant for the witness summons or order under section 18, as the case may be, must give a copy of the notice to the Chief Examiner.

(5)If the Supreme Court or the Chief Examiner gives a notice under subsection (1), a person must not, without reasonable excuse, disclose to anyone else, except in the circumstances, if any, specified in the notice—

(a)the existence of the witness summons or order; or

(b)the subject-matter of the organised crime offence in relation to which the witness summons was issued or the order was made; or

(c)any official matter connected with the witness summons or order.

Penalty:120 penalty units or imprisonment for 12 months or both.

(6)It is a reasonable excuse for a person to disclose the existence of the witness summons or order or the subject-matter of the organised crime offence in relation to which it was issued or made or any official matter connected with the summons or order if—

(a)the disclosure is made for the purposes of—

(i)seeking legal advice in relation to the summons or order or an offence against subsection (5); or

(ii)obtaining information in order to comply with the summons or order; or

(iii)the administration of this Act; and

(b)the person informs the person to whom the disclosure is made that it is an offence to disclose to anyone else the existence of the summons or order or the subject-matter of the organised crime offence in relation to which it was issued or made or any official matter connected with the summons or order, unless the person has a reasonable excuse.

(7)A notice under subsection (1) ceases to have effect if after the conclusion of the police investigation of the organised crime offence—

(a)no evidence of an offence has been obtained; or

(b)evidence of one or more offences has been obtained but a decision has been made not to commence any criminal proceedings in which the evidence would be relevant; or

(c)evidence of one or more offences committed by only one person has been obtained and criminal proceedings have commenced against that person; or

(d)evidence of one or more offences committed by 2 or more persons has been obtained and—

(i)criminal proceedings have commenced against all those persons; or

(ii)criminal proceedings have commenced against one or more of those persons and the Chief Commissioner has been advised that no other persons will be prosecuted.

(8)If a notice under subsection (1) ceases to have effect under subsection (7), the Chief Examiner must give notice in writing of that fact to each person who was given the notice under subsection (1).

(8A)If the Supreme Court or the Chief Examiner is satisfied that the circumstances referred to in subsection (2) or (3) that led to the giving of a notice under subsection (1) no longer apply, the Court or the Chief Examiner, as the case may be, must give written notice of that fact to the person to whom the notice under subsection (1) was given.

(8B)On the giving of the notice under subsection (8A), the notice under subsection (1) ceases to have effect.

(8C)A notice under subsection (1) ceases to have effect at the end of the period of 5 years after the notice is given (or that period as extended under subsection (8F)) unless the notice has ceased to have effect earlier.

(8D)Subsection (8C) applies to a notice given on or after, or which is in effect on, the commencement of section 6 of the Major Crime Legislation Amendment Act 2009.

(8E)If the Chief Examiner or the Chief Commissioner is satisfied that an extension to the 5-year period referred to in subsection (8C) is necessary to protect a matter specified in subsection (8F)(a), (b), (c) or (d), the Chief Examiner or the Chief Commissioner must apply to the Supreme Court for an extension of that period.

(8F)The Supreme Court, on the application of the Chief Examiner or the Chief Commissioner under subsection (8E), may extend the 5-year period referred to in subsection (8C), if the Court is satisfied that an extension is necessary to protect—

(a)an investigation that is continuing (whether or not the investigation is, or is related to, the investigation in relation to which the witness summons was issued); or

(b)any proceeding that has been commenced but not finally determined; or

(c)the safety or reputation of a person; or

(d)the fair trial of a person who has or may be charged with an offence.

(9)In this section—

official matter means any of the following—

(a)the coercive powers order in reliance on which the witness summons was issued or the order under section 18 was made;

(b)the investigation of the organised crime offence in relation to which the witness summons was issued or the order under section 18 was made;

(c)an examination by the Chief Examiner for the purposes of that investigation;

(d)any court proceedings in relation to the witness summons or the order under section 18.

PART 3—CHIEF EXAMINER AND EXAMINERS

21Appointment of Chief Examiner and Examiners

(1)The Governor in Council may appoint—

(a)a Chief Examiner; and

(b)as many Examiners as are necessary for the purposes of this Act.

(2)A person is eligible for appointment as Chief Examiner or an Examiner if he or she—

(a)is an Australian lawyer of at least 5 years' standing; and

(b)is not a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth.

(3)The Chief Examiner or an Examiner may be appointed on a full-time, part-time or sessional basis.

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22Remuneration and allowances

The Chief Examiner or an Examiner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council.

23Terms and conditions

(1)Subject to this Part, the Chief Examiner or an Examiner—

(a)holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment; and

(b)is eligible for re-appointment; and

(c)holds office on the terms and conditions determined by the Governor in Council.

(2)If the Chief Examiner or an Examiner is appointed on a full-time basis, he or she must not engage, directly or indirectly, in paid employment outside the duties of Chief Examiner or Examiner without the consent of the Governor in Council.

(3)The Public Administration Act 2004 does not apply to the Chief Examiner or an Examiner in respect of his or her office as such.

24Vacancy, resignation, removal

(1)The Chief Examiner or an Examiner ceases to hold office if he or she—

(a)resigns by notice in writing delivered to the Governor in Council; or

(b)becomes an insolvent under administration; or

(c)is found guilty of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d)ceases to be an Australian lawyer; or

(e)nominates for election for the Parliament of Victoria or of the Commonwealth or of any other State or any Territory of the Commonwealth; or

(f)is removed from office under subsection (2).

(2)The Governor in Council may suspend or remove the Chief Examiner or an Examiner from office at any time.

(3)If the Chief Examiner or an Examiner is suspended from office under subsection (2), he or she is deemed not to be the Chief Examiner or an Examiner during the period of suspension.

25Validity of acts and decisions

An act or decision of the Chief Examiner or an Examiner is not invalid only because of a defect or irregularity in or in connection with his or her appointment.

26Conflict of interest

The Chief Examiner or an Examiner must not perform any function or duty or exercise any power under this Act in relation to a matter if—

(a)he or she has a personal interest (whether pecuniary or otherwise) in the matter; and

(b)the interest appears to raise a conflict of interest with the proper performance of his or her function or duty, or the proper exercise of his or her power, in relation to the matter.

27Management of Examiners

Subject to any consultation with the Examiners that is appropriate and practicable, the Chief Examiner may make arrangements as to the Examiner who is to be able to exercise the powers of the Chief Examiner under this Act in relation to a coercive powers order.

28Police assistance to Chief Examiner

For the purposes of section 68, a member of Victoria Police personnel who assists or supports the Chief Examiner in relation to the performance of functions and duties and the exercise of powers of the Chief Examiner under this Act or is otherwise involved in an examination conducted by the Chief Examiner under this Act is performing a function under this Act.

PART 4—EXAMINATIONS

29When Chief Examiner may conduct examinations

(1)The Chief Examiner may conduct an examination of a person in relation to an organised crime offence if—

(a)the Chief Examiner has received a copy of a coercive powers order made in relation to the offence; and

(b)any of the following has occurred—

(i)the Chief Examiner has received a copy of a witness summons directed to the person requiring him or her to appear before the Chief Examiner at an examination to give evidence or produce specified documents or other things or do both; or

(ii)the Chief Examiner has issued such a witness summons directed to the person; or

(iii)the Chief Examiner has received a copy of an order made under section 18 in respect of the person; or

(iv)the Chief Examiner has made such an order in respect of the person.

(2)The Chief Examiner may commence or continue to conduct an examination of a person despite the fact that any proceedings (whether civil or criminal) are on foot, or are instituted, in any court or tribunal that relate to or are otherwise connected with the subject-matter of the examination, including criminal proceedings against the person in respect of that subject-matter.

(3)If the Chief Examiner is or becomes aware that proceedings referred to in subsection (2) are on foot or have been instituted, the Chief Examiner must take all reasonable steps to ensure that the conduct of the examination does not prejudice those proceedings.

30Conduct of examination

(1)The Chief Examiner is not bound by the rules of evidence in conducting an examination and may regulate the conduct of proceedings as he or she thinks fit.

(2)An examination must not be conducted at a police station or at a police gaol.

(3)In subsection (2), police station means any police premises where a counter inquiry service for the public is provided.

31Preliminary requirements

(1)Subject to subsection (2), before any question is asked of the witness at an examination, or the witness produces a document or other thing, the Chief Examiner must—

(a)confirm the age of the witness, if the Chief Examiner suspects that the witness may be under the age of 18 years;

(b)if the person is under the age of 16 years, release the person from all compliance with the witness summons or the order made under section 18, as the case may be;

(c)inform the witness that the privilege against self-incrimination does not apply but that there are restrictions on the use that can be made of evidence obtained in the course of the examination or from production of documents in accordance with the witness summons and specify those restrictions;

(d)inform the witness that legal professional privilege applies and of the effect of that privilege but that, subject to that privilege, it is an offence not to answer questions or produce documents or other things when required or give false or misleading evidence and state the penalties for those offences;

(e)inform the witness of any confidentiality requirements applying to evidence or the fact of the issue of the witness summons or the making of the order under section 18, as the case may be;

(f)where applicable, inform the witness of his or her right to legal representation, to an interpreter or to have his or her parent or guardian or an independent person present with whom he or she may communicate before giving any evidence;

(g)inform the witness of his or her right of complaint to Integrity Oversight Victoria and that the exercise of this right will not breach any confidentiality requirements referred to in paragraph (e).

(2)If a witness attends an examination solely to produce documents on behalf of a body corporate—

(a)subsection (1) does not apply if the witness elects to produce the documents without the requirements of that subsection having been complied with; or

(b)if the witness does not so elect, the Chief Examiner is only required to comply with subsection (1)(d), (e), (f) and (g) in relation to the witness.

32Witness under 16

If at any time during an examination the Chief Examiner becomes aware that a witness is under the age of 16 years, the Chief Examiner must immediately release the person from all compliance with the witness summons or the order made under section 18, as the case may be.

33Protection of legal practitioners and witnesses

(1)A legal practitioner representing a witness at an examination or a legal practitioner assisting the Chief Examiner in the examination, has the same protection and immunity as a legal practitioner has in representing a party in proceedings in the Supreme Court.

(2)A person appearing as a witness at an examination before the Chief Examiner has the same protection and immunity as a witness has in proceedings in the Supreme Court.

34Representation of witness

(1)A witness giving evidence at an examination may be represented by a legal practitioner.

(2)If a person required to give evidence at an examination does not have knowledge of the English language that is sufficient to enable him or her to understand the questioning, the Chief Examiner must, before the examination commences, arrange for the presence of a competent interpreter and defer the examination until the interpreter is present.

(3)If a person required to give evidence at an examination is a person believed to have a mental impairment, the Chief Examiner must direct—

(a)that an independent person is to be present during the examination, if the witness so wishes; and

(b)that the witness may communicate with the independent person before giving any evidence at the examination.

(4)If a person required to give evidence at an examination is a person under the age of 18 years, the Chief Examiner must direct—

(a)that a parent or guardian of the witness or an independent person is to be present during the examination, if the witness so wishes; and

(b)that the witness may communicate with the parent, guardian or independent person before giving any evidence at the examination.

35Examination to be held in private

(1)An examination must be held in private and the Chief Examiner may give directions as to the persons who may be present during the examination or a part of the examination.

(2)Nothing in a direction given by the Chief Examiner under subsection (1) prevents the presence, when evidence is being taken at an examination before the Chief Examiner, of a legal practitioner representing the witness, an interpreter in accordance with section 34(2) or a parent or guardian of the witness or an independent person in accordance with section 34(3) or (4).

(3)If an examination before the Chief Examiner is being held, a person must not be present at the examination unless he or she is entitled to be present by reason of a direction given by the Chief Examiner under subsection (1) or is otherwise authorised by the Chief Examiner to be present.

(4)A person who is present at an examination in contravention of subsection (3) is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).

35APerson may be examined without summons

(1)The Chief Examiner may require a person who—

(a)is present at an examination; and

(b)is competent to give evidence at the examination—

to give evidence or to produce documents that are in the person's possession at the examination even if a witness summons requiring the person to attend for that purpose has not been served on the person in accordance with Part 2.

(2)A person required to give evidence or to produce documents under subsection (1) is subject to the same penalties and liabilities as if the person had been served with a summons in accordance with Part 2.

36Taking of evidence

(1)At an examination—

(a)the Chief Examiner; or

(b)a legal practitioner representing the witness; or

(c)any person authorised by the Chief Examiner to do so—

may, so far as the Chief Examiner thinks appropriate, examine or cross-examine any witness on any matter that the Chief Examiner considers relevant to the investigation of the organised crime offence to which the examination relates.

(2)The Chief Examiner may, at an examination, take evidence on oath or affirmation and for that purpose—

(a)the Chief Examiner may require a person appearing at the examination to give evidence either to take an oath or to make an affirmation in the prescribed form; and

(b)the Chief Examiner may administer an oath or affirmation to a person so appearing at the examination.

(3)A person appearing as a witness at an examination before the Chief Examiner must not, when required in accordance with subsection (2) either to take an oath or make an affirmation, refuse or fail to comply with the requirement.

(4)A person who, without reasonable excuse, contravenes subsection (3) is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).

37Failure of witnesses to attend and answer questions

(1)A person served, as prescribed by this Act, with a witness summons to appear as a witness at an examination before the Chief Examiner must not, without reasonable excuse—

(a)fail to attend as required by the summons; or

(b)fail to attend from day to day unless excused, or released from further attendance, by the Chief Examiner.

(2)A person appearing as a witness before the Chief Examiner must not, without reasonable excuse—

(a)at an examination, refuse or fail to answer a question that he or she is required to answer by the Chief Examiner; or

(b)refuse or fail to produce a document or other thing that he or she was required to produce by the witness summons.

(3)A person who contravenes subsection (1) or (2) is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).

(4)A person does not contravene subsection (2)(b) if under section 41—

(a)the Chief Examiner withdraws the requirement to produce the document or other thing that the person was required to produce by the witness summons; or

(b)the person seals the document or other thing and gives it to the Chief Examiner.

(5)A person does not contravene subsection (1) or (2) if the person is under the age of 16 years at the date of issue of the witness summons.

38False or misleading evidence

(1)A person appearing as a witness at an examination before the Chief Examiner must not give evidence that the person knows is false or misleading in a material particular.

(2)A person must not produce to the Chief Examiner in accordance with a witness summons a document or other thing that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.

(3)A person who contravenes subsection (1) or (2) is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).

39Privilege against self-incrimination abrogated

(1)A person is not excused from answering a question or giving information at an examination, or from producing a document or other thing at an examination or in accordance with a witness summons, on the ground that the answer to the question, the information, or the production of the document or other thing, might tend to incriminate the person or make the person liable to a penalty.

(1A)Subsection (1) applies whether or not the person has been or may be charged with an offence in respect of the subject-matter of the question, information, document or other thing.

(2)Subsection (3) limits the use that can be made of any answers given at an examination before the Chief Examiner, or documents or other things produced at an examination before the Chief Examiner or in accordance with a witness summons.

(3)The answer, or the document or other thing, is not admissible in evidence against the person in—

(a)a criminal proceeding; or

(b)a proceeding for the imposition of a penalty—

other than—

(c)proceedings in respect of an offence against this Act; or

(d)proceedings under the Confiscation Act 1997; or

(e)a proceeding in respect of—

(i)in the case of an answer, the falsity of the answer; or

(ii)in the case of the production of a document, the falsity of any statement contained in the document.

(4)Nothing in subsection (3) prevents the admission in a criminal proceeding or proceeding for the imposition of a penalty of any evidence obtained as a direct or indirect consequence of an answer given at an examination or a document or other thing produced at an examination or in answer to a witness summons, and any such evidence is admissible in the proceeding in accordance with the rules of evidence applicable to the proceeding.

40Legal professional privilege

(1)If—

(a)a person is required to answer a question at an examination or produce a document before the Chief Examiner; and

(b)the answer to the question would disclose, or the document contains, a communication that is recognised at law as privileged on the ground of legal professional privilege—

the person is, subject to subsection (2), entitled to refuse to comply with the requirement.

(2)Where—

(a)a legal practitioner is required to answer a question at an examination or produce a document before the Chief Examiner; and

(b)the answer to the question would disclose, or the document contains, a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner—

the legal practitioner is entitled to refuse to comply with the requirement unless the person to whom or by whom the communication was made agrees to the legal practitioner complying with the requirement but, where the legal practitioner refuses to comply with the requirement, he or she must, if so required by the Chief Examiner, give the Chief Examiner the name and address of the person to whom or by whom the communication was made.

41Procedure for determining claims of legal professional privilege

(1)If a person claims at an examination or on production of a document or other thing before the Chief Examiner that the document or thing is the subject of legal professional privilege, the procedure set out in this section applies.

(2)The claimant must attend before the Chief Examiner in accordance with the witness summons.

(3)The Chief Examiner must consider the claim of privilege and either—

(a)withdraw the requirement to produce the document or other thing in relation to which the claim is made; or

(b)apply to the County Court or the Supreme Court in accordance with section 42 for determination of the claim of privilege.

(4)The Chief Examiner must not inspect the document or other thing in considering the claim of privilege and may not make an authorisation under section 47.

(5)If the Chief Examiner does not withdraw the requirement to produce the document or other thing in relation to which the claim of privilege is made, the Chief Examiner must require the claimant to seal the document or other thing immediately, and give it to the Chief Examiner.

(6)As soon as practicable and in any event within 3 days after the sealing of the document or other thing, the Chief Examiner must give the sealed document or other thing, or cause it to be given, to the proper officer of the County Court or the Supreme Court to be held in safe custody.

(7)A person must not open a sealed document or other thing prior to delivery to the County Court or the Supreme Court.

42Application to County Court or Supreme Court to determine legal professional privilege

(1)Within 7 days after the Chief Examiner gives a sealed document or other thing to the proper officer of the County Court or the Supreme Court in accordance with section 41, the Chief Examiner may apply to that Court to determine whether or not the document or thing is the subject of legal professional privilege.

(2)If no application is made under subsection (1) within the period of 7 days, the proper officer having safe custody of the sealed document or other thing must return the document or thing to the claimant for legal professional privilege.

(3)The Chief Examiner must give notice in the prescribed form of the application to the claimant for legal professional privilege a reasonable time before the hearing of the application.

(4)The claimant is entitled to appear and be heard on the hearing of the application.

(5)The County Court or the Supreme Court, as the case may be, must determine whether or not the sealed document or other thing is the subject of legal professional privilege and for that purpose the judge (not being an associate judge) and any other person authorised by the Court may open and inspect the sealed document or other thing.

(6)If the County Court or the Supreme Court, as the case may be, determines that the sealed document or other thing is the subject of legal professional privilege, the Court must order that the document or other thing be returned to the claimant and the proper officer of the Court who has safe custody of the document or thing must return it to the claimant.

(7)If the County Court or the Supreme Court, as the case may be, determines that the sealed document or other thing is not the subject of legal professional privilege, the Court must order that the document or thing be given to the Chief Examiner and the proper officer having safe custody of the document or thing must release it accordingly.

(8)Subject to subsection (5), a person must not open a sealed document or other thing or otherwise have access to the document or thing before—

(a)the County Court or the Supreme Court, as the case may be, determines the claim of legal professional privilege; or

(b)the document or thing is returned to the claimant.

Penalty:120 penalty units or imprisonment for 12 months or both.

(9)Section 41 and this section as in force immediately before the commencement of section 9 of the Major Crime Legislation Amendment Act 2009 continue to apply to—

(a)any application made to the Magistrates' Court under this section before that commencement; and

(b)any document or thing given to the registrar of the Magistrates' Court under section 41 before that commencement.

43Restriction on publication of evidence

(1)The Chief Examiner may direct that—

(a)any evidence given before the Chief Examiner; or

(b)the contents of any document, or a description of any thing, produced to the Chief Examiner; or

(c)any information that might enable a person who has given evidence before the Chief Examiner to be identified; or

(d)the fact that any person has given or may be about to give evidence at an examination—

must not be published or communicated, or must not be published or communicated except in such manner, and to such persons, as the Chief Examiner specifies.

(2)The Chief Examiner must give a direction under subsection (1) if satisfied that failure to do so would reasonably be expected to prejudice—

(a)the safety of a person; or

(b)the fair trial of a person who has been or may be charged with an offence.

(2A)To avoid doubt, a reference in subsection (2)(a) or (b) to a person includes a person who has given, or may be about to give, evidence before the Chief Examiner or produced, or may be about to produce, a document or other thing to the Chief Examiner.

(3)A person who makes a publication or communication in contravention of a direction given under subsection (1) is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).

(4)If a person is charged with an offence against this Act, nothing in this section or section 43A prevents restricted evidence from being published or communicated by the Chief Examiner or the Chief Commissioner to the court or to the person charged or a legal practitioner representing the person charged.

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(6)Nothing in this section empowers the Chief Examiner to give a direction under subsection (1) that would restrict the exercise of powers or the performance of duties by Integrity Oversight Victoria under this Act or any other Act or affect a person's right under this Act or any other Act to complain to Integrity Oversight Victoria.

43ARelease of restricted evidence to a person charged with an offence

(1)If a court considers that it may be desirable in the interests of justice that restricted evidence be made available to a person charged with an offence before the court, or to a legal practitioner representing a person charged, the court, on the application of the Chief Commissioner, the Director of Public Prosecutions or the person charged, may give the Chief Examiner or the Chief Commissioner a certificate to that effect.

(2)If the court gives a certificate under subsection (1), the Chief Examiner or the Chief Commissioner (as the case requires) must make the restricted evidence available to the court.

(3)If restricted evidence is made available to a court under subsection (2), the court must give each person referred to in subsection (4) an opportunity to make submissions to the court as to whether or not the restricted evidence should be made available, in whole or part, to the person charged or a legal practitioner representing the person charged.

(4)For the purposes of subsection (3), the persons are—

(a)the Chief Examiner; and

(b)the Chief Commissioner; and

(c)if the direction under section 43(1) in relation to the restricted evidence involves the interests of a witness, the witness.

(5)The court may make the restricted evidence available to the person charged or a legal practitioner representing the person charged, and to the Director of Public Prosecutions, if, after examining the restricted evidence and considering any submissions made under subsection (3), the court is satisfied that the interests of justice so require.

43BRelease of restricted evidence where person not yet charged

(1)The Chief Commissioner may apply to a court for an order that restricted evidence be made available to the Director of Public Prosecutions for the purpose of prosecuting a person for an offence if the Chief Commissioner suspects on reasonable grounds that there are reasonable prospects for the conviction of a person for an offence if the evidence is made so available.

(2)On an application under subsection (1), the court may direct the Chief Examiner or the Chief Commissioner to make the restricted evidence available to the court.

(3)If the court gives a direction under subsection (2), the Chief Examiner or the Chief Commissioner (as the case requires) must make the restricted evidence available to the court.

(4)If restricted evidence is made available to the court under subsection (3), the court must give each person referred to in subsection (5) an opportunity to make submissions to the court as to whether or not the restricted evidence should be made available, in whole or part, to the Director of Public Prosecutions for the purpose of prosecuting a person for an offence.

(5)For the purposes of subsection (4), the persons are—

(a)the Chief Examiner; and

(b)the Chief Commissioner; and

(c)the Director of Public Prosecutions; and

(d)if the direction under section 43(1) in relation to the restricted evidence involves the interests of a witness, the witness.

(6)The court may, by order, make the restricted evidence available to the Director of Public Prosecutions for the purpose of prosecuting a person for an offence if, after examining the restricted evidence and considering any submissions made under subsection (4), the court is satisfied that—

(a)there are reasonable grounds for the suspicion founding the application for the order; and

(b)the interests of justice require the evidence to be made so available.

(7)If restricted evidence is made available to the Director of Public Prosecutions under this section and a person is subsequently charged with an offence as a result, nothing in this Act prevents the Director of Public Prosecutions from making the evidence available to the person charged or a legal practitioner representing the person charged.

(8)In this section—

court means the Supreme Court or the County Court.

44Hindering or obstructing Chief Examiner or disrupting examination

A person must not—

(a)hinder or obstruct the Chief Examiner in the exercise of his or her functions, powers or duties; or

(b)disrupt an examination before the Chief Examiner.

Penalty:10 penalty units or imprisonment for 12 months or both.

45Video-recording of examination

(1)The Chief Examiner must ensure that the examination of a witness before the Chief Examiner is video-recorded.

(2)Subject to subsection (3), evidence of anything said by a witness at an examination before the Chief Examiner is inadmissible as evidence against any person in any proceedings unless the examination of the witness in its entirety was video-recorded and the video-recording is available to be tendered in evidence.

(3)A court may admit evidence of anything said by a witness at an examination before the Chief Examiner that is otherwise inadmissible by reason of subsection (2) if the court is satisfied on the balance of probabilities that the circumstances—

(a)are exceptional; and

(b)justify the reception of the evidence.

(4)The Chief Examiner must ensure that a copy of the video-recording of an examination of a witness is provided, on request, to the police officer who applied for the coercive powers order with respect to which the examination was conducted.

46Warrant for arrest of witness

(1)Where, on application by a police officer, the Court is satisfied by evidence on oath or by affirmation that there are reasonable grounds to believe—

(a)that a person in relation to whom a witness summons has been issued under Part 2—

(i)has absconded or is likely to abscond; or

(ii)is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons; or

(b)that a person has committed an offence under section 37(1) or is likely to do so—

the Court may issue a warrant for the arrest of the person.

(2)The warrant may be executed by any police officer and the person executing it has power to break into and enter any premises, vessel, aircraft or vehicle for the purpose of executing it.

(3)The warrant may be executed even if the warrant is not at the time in the possession of the person executing it.

(4)A person executing the warrant may only use the reasonable force that is necessary for the execution of the warrant.

(5)A person arrested under the warrant must be brought, as soon as practicable, before the Court and the Court may—

(a)discharge the person from custody on bail in accordance with the Bail Act 1977 as if the person had been accused of an offence; or

(b)order the continued detention of the person in a prison or police gaol for the purpose of ensuring the person's appearance as a witness before the Chief Examiner until the person has concluded giving evidence; or

(c)order that the person be discharged from custody unconditionally.

(6)Where a person is under detention under this section, the person must, within 14 days after he or she was brought, or last brought, before the Court in accordance with this section, or within such shorter or longer time as the Court has fixed on the last previous appearance of the person before the Court under this section, be again brought before the Court and the Court may then exercise any of the powers of the Court under subsection (5).

(1A)The Chief Commissioner may, by instrument, delegate to a police officer of or above the rank of inspector a power of the Chief Commissioner under section 43B.

(2)The Chief Commissioner may, by instrument, delegate to a police officer of or above the rank of Commander a power of the Chief Commissioner under section 67.

(3)Section 19 of the Victoria Police Act 2013 does not apply to any power, discretion, function, authority or duty of the Chief Commissioner under this Act.

(4)The Chief Examiner may, by instrument, delegate to an Examiner any function, duty or power of the Chief Examiner under this Act other than—

(a)the power to make arrangements under section 27; or

(b)this power of delegation.

(5)Integrity Oversight Victoria may, by instrument, delegate to an employee of Integrity Oversight Victoria any function, duty or power of Integrity Oversight Victoria under this Act other than—

(a)a duty or power to make a report under section 61; or

(b)this power of delegation.

65ADeputy Commissioners of Victoria Police

A police officer who is a Deputy Commissioner appointed under section 21 of the Victoria Police Act 2013 may exercise the powers and perform the functions of the Chief Commissioner under this Act as if the Deputy Commissioner were the Chief Commissioner.

66Obligations of Chief Commissioner

The Chief Commissioner must—

(a)ensure that records are kept as prescribed on any prescribed matter; and

(b)ensure that a register is kept as prescribed of the prescribed matters in relation to all documents or other things retained under section 47 and that the register is available for inspection by Integrity Oversight Victoria; and

(c)report in writing to Integrity Oversight Victoria every 6 months on such matters as are prescribed and on any other matter that Integrity Oversight Victoria considers appropriate for inclusion in the report.

67Information sharing

(1)The Chief Commissioner may give to—

(a)any law enforcement agency; or

(b)any foreign law enforcement agency; or

(c)any other agency or body of the State, the Commonwealth, another State or a Territory prescribed by the regulations—

any information derived under a coercive powers order that is in the possession of the Chief Commissioner and that is relevant to the activities of that agency or body if—

(d)it appears to the Chief Commissioner to be appropriate to do so; and

(e)to do so would not be contrary to a law of the State, the Commonwealth or that other State or that Territory that would otherwise apply.

(2)The Chief Commissioner may, whenever it appears to the Chief Commissioner to be appropriate to do so, furnish to authorities and persons responsible for taking civil remedies by or on behalf of the Crown in right of the State or of the Commonwealth or of another State or of a Territory any information derived under a coercive powers order that is in the possession of the Chief Commissioner and that may be relevant for the purposes of so taking such remedies in respect of matters connected with, or arising out of, offences against the laws of the State, the Commonwealth or that other State or the Territory, as the case requires.

(3)Where any information relating to the performances of the functions of—

(a)a Department of State of the State or of the Commonwealth; or

(b)the Administration of a Territory; or

(c)an instrumentality of the State, the Commonwealth, another State or a Territory—

comes into the possession of the Chief Commissioner under a coercive powers order, the Chief Commissioner may, if he or she considers it desirable to do so, furnish that information to the Department, the Administration or the instrumentality.

(4)The Chief Commissioner may, whenever it appears to the Chief Commissioner to be appropriate to do so, furnish to the Australian Security Intelligence Organisation any information derived under a coercive powers order that is in the possession of the Chief Commissioner and that is relevant to security as defined in section 4 of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth.

(5)In this section—

foreign law enforcement agency means—

(a)a police force (however described) of a foreign country; or

(b)any other authority or person responsible for the enforcement of the laws of the foreign country;

law enforcement agency means—

(a)the Australian Federal Police; or

(b)a police force or police service of a State or a Territory; or

(c)any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or a Territory.

68Secrecy

(1)This section applies to—

(a)the Chief Examiner; and

(b)an Examiner; and

*                *                *                *                *

(e)a member of Victoria Police personnel.

(2)A person to whom this section applies who, either directly or indirectly, except for the purposes of this Act or otherwise in connection with the performance of his or her functions under this Act or, in the case of a police officer, for the purposes of investigating or prosecuting an offence, and either while he or she is or after he or she ceases to be a person to whom this section applies—

(a)makes a record of any information; or

(b)divulges or communicates to any person any information—

being information acquired by him or her by reason of, or in the course of, the performance of his or her functions under this Act, is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).

(3)A person to whom this section applies cannot be required to produce in any court any document that has come into his or her custody or control in the course of, or by reason of, the performance of his or her functions under this Act, or to divulge or communicate to a court a matter or thing that has come to his or her notice in the performance of those functions, except where the Chief Examiner, an Examiner or the police officer in his or her official capacity, is a party to the relevant proceeding or it is necessary to do so—

(a)for the purpose of carrying into effect the provisions of this Act; or

(b)for the purposes of a prosecution instituted as a result of an investigation carried out by Victoria Police into an organised crime offence.

(4)In this section—

courtincludes any tribunal, authority or person having power to require the production of documents or the answering of questions;

produceincludes permit access to, and production has a corresponding meaning.

69Exemption from Freedom of Information Act 1982

The Freedom of Information Act 1982 does not apply to a document that is in the possession of Integrity Oversight Victoria or any employee of Integrity Oversight Victoria to the extent to which the document discloses information that relates to an examination under this Act.

70Regulations

(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.

71Transitional provision—Complaints to the SIM

(1)A person referred to in section 54(1) who, immediately before the commencement of section 147 of the Integrity and Accountability Legislation Amendment Act 2012 could have made a complaint to the SIM under section 54(1) may instead make a complaint to the Victorian Inspectorate.

(2)A complaint referred to in subsection (1)—

(a)must be limited to a complaint about a matter set out in section 54(1); and

(b)must be made within 3 days after the day on which the person was excused from attendance.

(3)If, before the commencement of section 147 of the Integrity and Accountability Legislation Amendment Act 2012, the SIM—

(a)had received a complaint made under section 54 but not commenced an investigation into the complaint; or

(b)had commenced but not completed an investigation into a complaint made to the SIM under section 54—

the Victorian Inspectorate, on and from that commencement—

(c)must investigate or complete the investigation of that complaint under section 56 as in force immediately before its repeal; and

(d)for that purpose, sections 55 to 60 continue to apply as if—

(i)those sections had not been repealed, amended or substituted; and

(ii)any reference in those sections to the SIM were a reference to the Victorian Inspectorate.

(4)In an investigation referred to in subsection (1), the Victorian Inspectorate is entitled to have regard to any evidence given or document or other thing produced in relation to that investigation before the commencement of section 147 of the Integrity and Accountability Legislation Amendment Act 2012.

(5)In this section, SIM means the Special Investigations Monitor appointed under Part 2 of the Major Crime (Special Investigations Monitor) Act 2004 as in force immediately before its repeal.

(6)On and after the commencement of item 23.26 of Schedule 1 to the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, a reference in this section to the Victorian Inspectorate includes a reference to Integrity Oversight Victoria unless the context otherwise requires.

72Transitional provision—First annual report

(1)For the purposes of the first annual report of the Victorian Inspectorate under section 61, a reference in that section to the performance of the Victorian Inspectorate's functions under this Act includes a reference to the performance of the SIM's functions under this Act during the financial year to which that report relates.

(2)In this section, SIM means the Special Investigations Monitor appointed under Part 2 of the Major Crime (Special Investigations Monitor) Act 2004 as in force immediately before its repeal.

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*                *                *                *                *

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═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative 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."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 5 October 2004

Legislative Council: 10 November 2004

Absolute majorities:

Legislative Assembly: 4 November 2004

Legislative Council: 11 November 2004

The Major Crime (Investigative Powers) Act 2004 was assented to on 16 November 2004 and came into operation as follows:

Section 130 on 12 October 2004: section 2(3); sections 75 and 97 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) on 16 November 2004: Special Gazette (No. 237) 16 November 2004 page 2; Parts 2–6 (sections 4–70) and section 105 on 1 July 2005: section 2(4).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication 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)
CurrentState:	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
CurrentState:	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
CurrentState:	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)
CurrentState:	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)
CurrentState:	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)
CurrentState:	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)
CurrentState:	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)
CurrentState:	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)
CurrentState:	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 (as amended by Nos 55/2009, 87/2009)

Assent Date:	10.2.09
Commencement Date:	S. 8 on 27.2.09: Government Gazette 26.2.09 p. 444; ss 3–7, 9–13 on 1.2.10: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 35) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009

Assent Date:	15.12.09
Commencement Date:	Ss 7, 9 on 16.12.09: s. 2(1); ss 8, 10 on 1.2.10: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Justice Legislation Further Amendment Act 2011, No. 67/2011

Assent Date:	29.11.11
Commencement Date:	Ss 4, 5 on 30.11.11: s. 2
CurrentState:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Public Interest Monitor Act 2011, No. 72/2011

Assent Date:	6.12.11
Commencement Date:	Ss 22–29 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
CurrentState:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, No. 13/2012

Assent Date:	20.3.12
Commencement Date:	S. 12 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Evidence Amendment (Journalist Privilege) Act 2012, No. 52/2012

Assent Date:	18.9.12
Commencement Date:	S. 20 on 1.1.13: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	Ss 106–128 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 311 on 11.2.13: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 28) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 60) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 103) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date:	26.8.14
Commencement Date:	Ss 156–167 on 27.8.14: s. 2(1); ss 105–107 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Corrections Legislation Further Amendment Act 2017, No. 64/2017

Assent Date:	19.12.17
Commencement Date:	S. 27 on 20.12.17: s. 2(1)
Current State:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 83) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018

Assent Date:	14.8.18
Commencement Date:	S. 94 on 31.7.19: Special Gazette (No. 306) 30.7.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 23) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004

Criminal Organisations Control Amendment Act 2024, No. 37/2024

Assent Date:	22.10.24
Commencement Date:	S. 114 on 25.8.25: s. 2(2)
CurrentState:	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.