3 Definitions In this Act— S. 3 def. of Chief amended by No. 37/2014 s. 10(Sch. item 103.1(b)). 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; S. 3 def. of coercive powers order amended by No. 29/2006 s. 3(Sch. 1 item 20). coercive powers order means an order made under section 8 authorising the use of coercive powers to investigate an organised crime offence; S. 3 def. of declared individual inserted by No. 55/2014 s. 105(b). declared individual has the same meaning as it has in the Criminal Organisations Control Act 2012; S. 3 def. of declared organisation member inserted by No. 55/2014 s. 105(b). declared organisation member has the same meaning as it has in the Criminal Organisations Control Act 2012; S. 3 def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 64.1), amended by No. 17/2014 s. 160(Sch. 2 item 60.1). legal practitioner means an Australian legal practitioner;
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— S. 12A(3)(b)(i) amended by No. 37/2014 s. 10(Sch. item 103.4(b)(i)(ii)). (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 S. 12A(3)(b)(iii) amended by No. 37/2014 s. 10(Sch. item 103.4(b)(i)). (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 S. 12A(3) (b)(iv) amended by No. 37/2014 s. 10(Sch. item 103.4(b)(i)). (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
(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. S. 29(2) amended by No. 55/2014 s. 159. (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 (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. 30 Conduct 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. S. 30(3) inserted by No. 3/2009 s. 8. (3) In subsection (2), police station means any police premises where a counter inquiry service for the public is provided. S. 31 amended by No. 87/2009 s. 9(1)(2) (ILA s. 39B(1)). 31 Preliminary requirements (1) Subject to subsection (2), before any question is asked of the witness at an examination, or the
S. 59(2)(a) amended by No. 82/2012 s. 118(2)(b). (a) failed to provide information that the Chief Examiner or Chief Commissioner is required to provide in a report to the Victorian Inspectorate under this Act; or (b) failed to comply with section 58. 60 Requirement to answer questions and produce documents S. 60(1) amended by Nos 82/2012 s. 119(a), 37/2014 s. 10(Sch. item 103.14). (1) The Victorian Inspectorate may, by written notice, require the Chief Examiner, an Examiner or a police officer to— S. 60(1)(a) amended by No. 82/2012 s. 119(a). (a) attend the Victorian Inspectorate at a specified time and place to answer any questions or provide any information; or S. 60(1)(b) amended by No. 82/2012 s. 119(a). (b) produce any document or other thing that is in the person's possession or control and that is relevant to the functions of the Victorian Inspectorate under this Part. (2) A person who is given a notice under subsection (1) must not, without reasonable excuse— (a) fail to attend or to produce any document or other thing as required by the notice; or S. 60(2)(b) amended by No. 82/2012 s. 119(a). (b) refuse or fail to answer a question that he or she is required to answer by the Victorian Inspectorate; or S. 60(2)(c) amended by No. 82/2012 s. 119(a). (c) refuse or fail to provide any information that he or she is required to provide by the Victorian Inspectorate. (3) A person who is given a notice under subsection (1) must not give any answer or provide any information that he or she knows is false or misleading in a material particular.
(4) A person who contravenes subsection (2) or (3) is guilty of an indictable offence and is liable to level 6 imprisonment (5 years maximum). S. 60(5) amended by No. 82/2012 s. 119. (5) The Victorian Inspectorate may exercise a power under this section only if the Victorian Inspectorate considers that the Chief Examiner or the Chief Commissioner (as the case requires) has wilfully— S. 60(5)(a) amended by No. 82/2012 s. 119(a). (a) failed to provide information that the Chief Examiner or Chief Commissioner is required to provide in a report to the Victorian Inspectorate under this Act; or (b) failed to comply with section 58. S. 61 (Heading) amended by No. 82/2012 s. 120(1). 61 Annual and other reports by Victorian Inspectorate S. 61(1) amended by No. 82/2012 s. 120(2). (1) As soon as practicable after the end of each financial year, the Victorian Inspectorate must cause a report to be laid before each House of the Parliament in relation to the performance of the Victorian Inspectorate's functions under this Part. (2) The report must include details of the following matters— S. 61(2)(a) amended by No. 37/2014 s. 10(Sch. item 103.15). (a) compliance with this Act during the financial year by the Chief Examiner, Examiners, the Chief Commissioner and other police officers; and S. 61(2)(b) amended by No. 97/2004 s. 9(4). (b) the extent to which— (i) any questions asked in examinations; and (ii) any requirements to produce documents or other things—
(b) by or with the consent of the Director of Public Prosecutions. __________________ 65 Delegation S. 65(1) amended by Nos 3/2009 s. 12, 37/2014 s. 10(Sch. item 103.16(a)). (1) The Chief Commissioner may, by instrument, delegate to a police officer of or above the rank of Assistant Commissioner of Police a power of the Chief Commissioner to approve applications for a coercive powers order or applications for the extension or variation of a coercive powers order or to make applications under section 20(8E). S. 65(1A) inserted by No. 55/2014 s. 167. (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. S. 65(2) amended by No. 37/2014 s. 10(Sch. item 103.16(a)). (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. S. 65(3) amended by No. 37/2014 s. 10(Sch. item 103.16(b)). (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— S. 65(4)(a) substituted by No. 97/2004 s. 7(1). (a) the power to make arrangements under section 27; or (b) this power of delegation.