Major Crime (Investigative Powers) and Other Acts Amendment Act 2008
No. 60 of 2008
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1Purposes
2Commencement
PART 2—AMENDMENT OF MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004
3Major Crime (Investigative Powers) Act 2004
PART 3—POLICE INTEGRITY
Division 1—Police Integrity Act 2008
4New sections 51A and 51B inserted in Police Integrity Act 2008
51ADirector and staff may prosecute
51BImmunity
5Protection of persons, documents and things
6New section 109A inserted
109ACompellability of protected persons as witnesses
7Supreme Court—limitation of jurisdiction
8Consequential repeal
Division 2—Police Regulation Act 1958
9Protection of persons, documents and things
10New section 86KJA inserted
86KJACompellability of protected persons as witnesses
11New sections 86TB and 86TC inserted in Police Regulation
Act 195886TBDirector and staff may prosecute
86TCImmunity
12Supreme Court—limitation of jurisdiction
PART 4—WHISTLEBLOWERS PROTECTION ACT 2001
13New sections 61H and 61I inserted and 61J substituted
61HContempt of Director
61INo double jeopardy
61JSunset of contempt provisions
PART 5—REPEAL OF AMENDING ACT
14Repeal of Act
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ENDNOTES
Major Crime (Investigative Powers) and Other Acts Amendment Act 2008
No. 60 of 2008
[Assented to 22 October 2008]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to amend the Major Crime (Investigative Powers) Act 2004 to extend the operation of sections 49 and 50 of that Act;
(b)to amend the Police Integrity Act 2008 in relation to—
(i)the commencement of criminal proceedings arising out of investigations;
(ii)the protection of the Director and staff of the Office of Police Integrity;
(c)to amend the Police Regulation Act 1958 in relation to the protection of the Director and staff of the Office of Police Integrity;
(d)to amend the Whistleblowers Protection Act 2001 to re-enact provisions relating to contempt of the Director, Police Integrity that have expired.
2Commencement
(1)This Act (other than Division 1 of Part 3) comes into operation on the day after the day on which this Act receives the Royal Assent.
(2)Division 1 of Part 3 comes into operation on the day on which section 104 of the Police Integrity Act 2008 comes into operation.
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PART 2—AMENDMENT OF MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004
3Major Crime (Investigative Powers) Act 2004
(1)In section 49(12) of the Major Crime (Investigative Powers) Act 2004, for "42 months after the day on which it comes into operation" substitute "on 1 January 2012".
(2)In section 50(2) of the Major Crime (Investigative Powers) Act 2004, for "42 months after the day on which it comes into operation" substitute "on 1 January 2012".
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PART 3—POLICE INTEGRITY
Division 1—Police Integrity Act 2008
4New sections 51A and 51B inserted in Police Integrity Act 2008
After section 51 of the Police Integrity Act 2008 insert—
"51A Director and staff may prosecute
(1)The Director or a member of staff of the Office of Police Integrity authorised under subsection (2) may commence criminal proceedings against a person for an offence in relation to any matter arising out of an investigation.
(2)The Director may…