Victorian Current Acts Victorian Current ActsNo. 79 of 2004
Version incorporating amendments as at
31 July 2019
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Version No. 038
Major Crime (Investigative Powers) Act 2004
No. 79 of 2004
Version incorporating amendments as at
31 July 2019
Endnotes
1 General information
See www.legislation.vic.gov.au 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: |
|
|
Current State: |
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 |
|
Current State: |
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 |
|
Current State: |
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: |
|
|
Current State: |
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: |
|
|
Current State: |
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) |
|
Current State: |
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: |
|
|
Current State: |
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) |
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Current State: |
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: |
|
|
Current State: |
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) |
|
Current State: |
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) |
|
Current State: |
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: |
|
|
Current State: |
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: |
|
|
Current State: |
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: |
|
|
Current State: |
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 |
|
Current State: |
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: |
|
|
Current State: |
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) |
|
Current State: |
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: |
|
|
Current State: |
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 |
|
Current State: |
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 |
|
Current State: |
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 |
|
Current State: |
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: |
|
|
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) |
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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 |
|
Current State: |
This information relates only to the provision/s amending the Major Crime (Investigative Powers) Act 2004 |
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
No entries at date of publication.