Victorian Current Acts

MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 36

    (1)     At an examination—

        (a)     the Chief Examiner; or

        (b)     a legal practitioner representing the witness; or

        (c)     any person authorised by the Chief Examiner to do so—

may, so far as the Chief Examiner thinks appropriate, examine or cross-examine any witness on any matter that the Chief Examiner considers relevant to the investigation of the organised crime offence to which the examination relates.

    (2)     The Chief Examiner may, at an examination, take evidence on oath or affirmation and for that purpose—

        (a)     the Chief Examiner may require a person appearing at the examination to give evidence either to take an oath or to make an affirmation in the prescribed form; and

        (b)     the Chief Examiner may administer an oath or affirmation to a person so appearing at the examination.

    (3)     A person appearing as a witness at an examination before the Chief Examiner must not, when required in accordance with subsection (2) either to take an oath or make an affirmation, refuse or fail to comply with the requirement.

    (4)     A person who, without reasonable excuse, contravenes subsection (3) is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).