The 'on the cards' test applicable to subpoenas and s 317 production orders under the Criminal Procedure Act 2009 (Vic) is inapplicable to the determination of whether restricted evidence should be released under s 43A(5) of the Major Crime (Investigative Powers) Act 2004 (Vic). The Act provides its own self-contained mechanism for release, and the word 'require' in s 43A(5) connotes something obligatory or necessary, not merely permissive.
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