Report to Integrity Oversight Victoria on issue of arrest warrant
142 Report to Integrity Oversight Victoria on issue of arrest warrant
Pt 6 Div. 2B (Heading and s. 141G) inserted by No. 22/2020 s. 7F.
S. 141G inserted by No. 22/2020 s. 7F.
141G Person arrested under arrest warrant issued under Division 2 or 2A to be given opportunity to seek legal advice or legal representation
Subject to section 127 and subsection (2), the IBAC is required to give a person arrested under an arrest warrant issued under Division 2 or 2A a reasonable opportunity to seek legal advice or obtain legal representation before the time specified for the person to attend before the IBAC in accordance with a witness summons issued under section 120(1).
Despite section 127(6), if the IBAC gives a direction under section 127(2), the IBAC is not required to allow the person bound by the direction at least 3 days from the receipt of the direction to obtain legal advice or representation by another Australian legal practitioner before the person is required to attend before the IBAC in accordance with the witness summons issued under section 120(1).
S. 142 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 16.36).
S. 142 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)), amended by Nos 22/2020 s. 7G, 31/2024 s. 113(Sch. 1 item 16.37).
Within 3 days after the issue of an arrest warrant under Division 2 or 2A, the IBAC must give a written report to Integrity Oversight Victoria specifying—
the name of the person named in the arrest warrant;
S. 142(b) substituted by No. 30/2016 s. 39, amended by No. 2/2019 s. 126.
the reasons in summary form as to why the IBAC applied for the issue of an arrest warrant.
This Act’s bill:Explanatory memorandumSecond reading speech
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