Review of notices etc. provided by the Chief Examiner
42B Review of notices etc. provided by the Chief Examiner
S. 42B(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.72).
Integrity Oversight Victoria may review the following provided to Integrity Oversight Victoria by the Chief Examiner under the specified sections of the Major Crime (Investigative Powers) Act 2004—
a written report on the issue of a witness summons or the making of an order under section 18 of that Act given under section 52 of that Act;
a written report on an examination by the Chief Examiner given under section 53(1) of that Act;
a copy of a video-recording and any transcript of an examination included in a report of an examination under section 53(2) of that Act.
A review of a matter under subsection (1) must assess—
whether the requirements under the Major Crime (Investigative Powers) Act 2004 relating to that matter have been complied with; and
where the Chief Examiner has required a person to produce documents or things for the purposes of an investigation—whether the requirement may reasonably be considered as assisting the Chief Examiner to achieve the purposes of the investigation; and
where the matter relates to the questioning of a person attending an examination—whether the questioning may reasonably be considered as assisting the Chief Examiner to achieve the purposes of the investigation to which the examination relates.
S. 42B(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.72(b)).
If Integrity Oversight Victoria considers that a video-recording provided by the Chief Examiner is no longer necessary for the purpose of reviewing the video-recording in accordance with this section, Integrity Oversight Victoria may—
return the video-recording to the Chief Examiner; or
destroy the video-recording.
S. 42C inserted by No. 2/2019 s. 136.
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