Victorian Current Acts

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MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 29

When Chief Examiner may conduct examinations

    (1)     The Chief Examiner may conduct an examination of a person in relation to an organised crime offence if—

        (a)     the Chief Examiner has received a copy of a coercive powers order made in relation to the offence; and

        (b)     any of the following has occurred—

              (i)     the Chief Examiner has received a copy of a witness summons directed to the person requiring him or her to appear before the Chief Examiner at an examination to give evidence or produce specified documents or other things or do both; or

              (ii)     the Chief Examiner has issued such a witness summons directed to the person; 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 subject-matter.

    (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.



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