S. 20(8B) inserted by No. 3/2009 s. 6. (8B) On the giving of the notice under subsection (8A), the notice under subsection (1) ceases to have effect. S. 20(8C) inserted by No. 3/2009 s. 6 (as amended by No. 55/2009 s. 56). (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. S. 20(8D) inserted by No. 3/2009 s. 6. (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. S. 20(8E) inserted by No. 3/2009 s. 6. (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. S. 20(8F) inserted by No. 3/2009 s. 6. (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— s. 20 (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—
30 Conduct of examination s. 30 (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 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; S. 31(1)(c) amended by No. 97/2004 s. 9(1). (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
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). s. 54 (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)(b) amended by No. 82/2012 s. 118(1)(b). (b) is entitled to have full and free access at all reasonable times to all records of the Chief Examiner or the police force that are relevant to the performance of the Victorian Inspectorate's functions; and S. 59(1)(c) amended by No. 82/2012 s. 118(1)(c). (c) may require the Chief Examiner, an Examiner or a member of the police force 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. 60 S. 60(1) amended by No. 82/2012 s. 119(a). (1) The Victorian Inspectorate may, by written notice, require the Chief Examiner, an Examiner or a member of the police force 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