Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 10

Extension or variation of coercive powers order

S. 10(1) amended by No. 37/2014 s. 10(Sch. item 103.3).

    (1)     Subject to subsection (2), a police officer on whose application a coercive powers order has been made, or another person on his or her behalf, may apply to the Supreme Court for—

        (a)     an extension of the order for a period not exceeding 12 months from the day on which it would otherwise expire; or

        (b)     a variation of any of the other terms of the order.

    (2)     An application under subsection (1) may only be made with the approval of the Chief Commissioner or a delegate of the Chief Commissioner.

    (3)     Section 5 applies to an application for extension or variation of a coercive powers order as if it were an application for an order.

S. 10(3A) inserted by No. 72/2011 s. 27, amended by No. 70/2013 s. 3(Sch.  1 item 28.2).

    (3A)     The Supreme Court must have regard to any submissions made by a Public Interest Monitor before making a decision under subsection (4).

    (4)     On an application under this section, the Supreme Court may, at any time before the expiry of a coercive powers order, make a new order providing for—

        (a)     the extension of the original order for a period not exceeding 12 months from the day on which it would otherwise expire; or

        (b)     variation of the other terms of the original order.

    (5)     A coercive powers order may be extended or varied more than once.

    (6)     If the Supreme Court makes an order under this section, the applicant must cause a copy of the order to be given to the Chief Examiner as soon as practicable after the making of the order.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback