(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. S. 18(7) amended by No. 37/2014 s. 10(Sch. item 103.6(b)), substituted by No. 64/2017 s. 27(1). (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. S. 18(8) inserted by No. 87/2009 s. 7, amended by No. 87/2009 s. 8. (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. S. 18(9) inserted by No. 64/2017 s. 27(2). (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
(3) A person who contravenes subsection (1) or (2) is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum). 39 Privilege 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. S. 39(1A) inserted by No. 55/2014 s. 162(1). (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
(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. S. 45(4) amended by No. 37/2014 s. 10(Sch. item 103.8). (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. 46 Warrant for arrest of witness S. 46(1) amended by Nos 3/2009 s. 11(1), 37/2014 s. 10(Sch. item 103.8). (1) Where, on application by a police officer, the Court is satisfied by evidence on oath 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
S. 54 amended by No. 97/2004 s. 6, substituted by No. 82/2012 s. 113, amended by No. 82/2012 s. 311(b). 54 Complaint to Victorian Inspectorate A person to whom a witness summons is directed or who is the subject of an order under section 18 may make a complaint to the Victorian Inspectorate in accordance with section 43(7) and (8) of the Victorian Inspectorate Act 2011. S. 55 repealed by No. 82/2012 s. 114. * * * * * S. 56 repealed by No. 82/2012 s. 115. * * * * * S. 57 (Heading) amended by No. 82/2012 s. 116(1). 57 Recommendations by Victorian Inspectorate S. 57(1) amended by No. 82/2012 s. 116(2). (1) The Victorian Inspectorate may at any time make recommendations to the Chief Examiner or the Chief Commissioner as to the taking of any action that the Victorian Inspectorate considers should be taken. (2) Without limiting subsection (1), recommended action may include— (a) taking steps to prevent any conduct from continuing or occurring in the future; (b) taking action to remedy any harm or loss arising from any conduct. S. 57(3) amended by No. 82/2012 s. 116(2). (3) The Victorian Inspectorate may require the Chief Examiner or the Chief Commissioner to give a report to the Victorian Inspectorate, within the time specified by the Victorian Inspectorate stating—
S. 59(1)(a) amended by No. 37/2014 s. 10(Sch. item 103.13(a)). (a) after notifying the Chief Examiner or the Chief Commissioner (as the case requires), may enter at any reasonable time premises occupied by the Chief Examiner or Victoria Police; and S. 59(1)(b) amended by Nos 82/2012 s. 118(1)(b), 37/2014 s. 10(Sch. item 103.13(a)). (b) is entitled to have full and free access at all reasonable times to all records of the Chief Examiner or Victoria Police that are relevant to the performance of the Victorian Inspectorate's functions; and S. 59(1)(c) amended by Nos 82/2012 s. 118(1)(c), 37/2014 s. 10(Sch. item 103.13(b)). (c) may require the Chief Examiner, an Examiner or a police officer to give the Victorian Inspectorate any information that the Victorian Inspectorate considers necessary, being information— (i) that is in the person's possession, or to which the person has access; and S. 59(1)(c)(ii) amended by No. 82/2012 s. 118(1)(b). (ii) that is relevant to the performance of the Victorian Inspectorate's functions. S. 59(2) amended by No. 82/2012 s. 118(2). (2) 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. 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. 61(2)(d) amended by No. 82/2012 s. 120(3). (d) the extent to which action recommended by the Victorian Inspectorate to be taken by the Chief Examiner or the Chief Commissioner has been taken during the financial year. S. 61(3) amended by No. 82/2012 s. 120(4). (3) The Victorian Inspectorate may at any time cause a report to be laid before each House of the Parliament on any matter relevant to the performance of the Victorian Inspectorate's functions under this Part. (4) A report under this section must not contain any information that identifies, or is likely to identify— (a) any person who has been examined under this Act; or (b) the nature of any ongoing investigation of an organised crime offence. S. 62 repealed by No. 82/2012 s. 121. * * * * * S. 63 (Heading) substituted by No. 52/2012 s. 20(1). 63 Application of privileges and provision of information, documents S. 63(1) amended by No. 82/2012 s. 122. (1) No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or furnished to a person, where imposed by any enactment or any rule of law, applies to the disclosure of information to the Victorian Inspectorate under this Act. S. 63(2) amended by No. 82/2012 s. 122. (2) A person is not, in relation to a requirement by the Victorian Inspectorate to answer a question, provide information or produce a document or other thing, entitled to any privilege in respect of the production of documents or the giving of
Assent Date: 14.12.04 Commencement Date: Ss 6–9 on 16.11.04: s. 2(3) : 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 : 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 : 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) : 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) : 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) : 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) : 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