Victorian Current Acts Victorian Current ActsS. 47(1) amended by No. 37/2014 s. 10(Sch. item 103.9(a)).
(1) If a document or other thing is produced at an examination or to the Chief Examiner in accordance with a witness summons, the Chief Examiner may inspect the document or thing and may then authorise in writing a police officer to do any one or more of the following—
(a) inspect the document or thing;
S. 47(1)(b) amended by Nos 97/2004 s. 9(2), 37/2014 s. 10(Sch. item 103.9(a)).
(b) in the case of a document, take extracts from it or make copies of it, if the police officer considers it necessary for the purposes of the investigation of the organised crime offence;
S. 47(1)(c) amended by No. 37/2014 s. 10(Sch. item 103.9(a)).
(c) take any photographs or audio or visual recordings of the document or thing that the police officer considers necessary for the purposes of the investigation of the organised crime offence;
S. 47(1)(d) amended by No. 37/2014 s. 10(Sch. item 103.9(a)).
(d) subject to this section, retain the document or thing if, and for so long as, the police officer considers that retention of the document or thing is reasonably necessary—
(i) for the purposes of an investigation into an organised crime offence; or
(ii) to enable evidence of an organised crime offence to be obtained for the purposes of any proceeding in relation to that offence.
S. 47(2) amended by No. 37/2014 s. 10(Sch. item 103.9(b)).
(2) For the purpose of doing anything referred to in subsection (1)(a), (b) or (c), the Chief Examiner may authorise the police officer to retain the document or other thing for a period not exceeding 7 days that is necessary to do that thing.
S. 47(3) amended by No. 37/2014 s. 10(Sch. item 103.9(c)).
(3) If a police officer retains a document or other thing under subsection (1)(d) for a period exceeding 7 days, he or she must, as soon as practicable, bring the document or thing before the Magistrates' Court so that the matter may be dealt with according to law.
S. 47(4) amended by No. 6/2018 s. 68(Sch. 2 item 83.5).
(4) A thing that is bulky or cumbersome may be brought before the Magistrates' Court by giving evidence on oath or by affirmation to the Court as to the present whereabouts of the thing and by producing a photograph of it.
(5) The Magistrates' Court may direct that the thing be returned to the person who produced it to the Chief Examiner, subject to any condition that the Court thinks fit, if in the opinion of the Court it can be returned consistently with the interests of justice.
S. 47(6) amended by No. 37/2014 s. 10(Sch. item 103.9(c)).
(6) If a police officer retains a document or other thing under subsection (1)(d), he or she must take reasonable steps to return the document or thing to the person who produced it to the Chief Examiner if the reason for its retention no longer exists.
(7) If the document or thing retained has not been returned to the person who produced it to the Chief Examiner, the person may apply to the Magistrates' Court at any time for its return.
S. 48 (Heading) amended by No. 3/2009 s. 11A(a) (as amended by No. 55/2009 s. 57).