Victorian Current Acts

MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 31

    (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 required or give false or misleading evidence and state the penalties for those offences;

        (e)     inform the witness of any confidentiality requirements applying to evidence or the fact of the issue of the witness summons or the making of the order under section 18, as the case may be;

        (f)     where applicable, inform the witness of his or her right to legal representation, to an interpreter or to have his or her parent or guardian or an independent person present with whom he or she may communicate before giving any evidence;

S. 31(1)(g) amended by No. 82/2012 s. 107.

        (g)     inform the witness of his or her right of complaint to the Victorian Inspectorate and that the exercise of this right will not breach any confidentiality requirements referred to in paragraph (e).

S. 31(2) inserted by No. 87/2009 s. 9(2), substituted by No. 55/2014 s. 160.

    (2)     If a witness attends an examination solely to produce documents on behalf of a body corporate—

        (a)     subsection (1) does not apply if the witness elects to produce the documents without the requirements of that subsection having been complied with; or

        (b)     if the witness does not so elect, the Chief Examiner is only required to comply with subsection (1)(d), (e), (f) and (g) in relation to the witness.