Non-publication directions under s 43 of the Major Crime (Investigative Powers) Act 2004 (Vic) may be made or revoked after the expiry of the coercive powers order, as the power is ancillary and protective rather than investigative. When assessing whether special circumstances exist to extend time for judicial review, the strength of the substantive case should be assessed qualitatively rather than on a binary arguable/not arguable basis, though a merely arguable case may still be weighed in the applicant's favour. An instrument delegating powers 'in respect of' a coercive powers order is broad enough to authorise the delegate to act after the order has expired.
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