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Bill homepage (legislation.vic.gov.au)The purposes of this Act are—
S. 1(a) amended by No. 55/2014 s. 156(a).
to provide for a regime for the authorisation and oversight of the use of coercive powers to investigate and prosecute organised crime offences; and
S. 1(b) substituted by No. 55/2014 s. 156(b).
to combat and reduce the incidence of organised crime offences.
Subject to this section, this Act (except sections 75, 97 and 130) comes into operation on a day or days to be proclaimed.
Sections 75 and 97 come into operation on the day on which this Act receives the Royal Assent.
Section 130 is deemed to have come into operation on the day on which the Major Crime Legislation (Office of Police Integrity) Act 2004 received the Royal Assent.
If a provision of this Act, other than section 75, 97 or 130, does not come into operation before 1 July 2005, it comes into operation on that day.
In this Act—
S. 3 def. of Chief Commis-sioner amended by No. 37/2014 s. 10(Sch. item 103.1(b)).
Chief Commissioner means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;
Chief Examiner means the Chief Examiner appointed under Part 3;
S. 3 def. of Chief Integrity Inspector inserted by No. 31/2024 s. 113(Sch. 1 item 23.1(a)).
Chief Integrity Inspector has the same meaning as in the Integrity Oversight Victoria Act 2011;
S. 3 def. of coercive powers order amended by No. 29/2006 s. 3(Sch. 1 item 20).
coercive powers order means an order made under section 8 authorising the use of coercive powers to investigate an organised crime offence;
S. 3 def. of declared individual inserted by No. 55/2014 s. 105(b), repealed by No. 37/2024 s. 114(1).
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S. 3 def. of declared organisation member inserted by No. 55/2014 s. 105(b), repealed by No. 37/2024 s. 114(1).
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S. 3 def. of Integrity Oversight Victoria inserted by No. 31/2024 s. 113(Sch. 1 item 23.1(a)).
Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;
S. 3 def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 64.1), amended by No. 17/2014 s. 160(Sch. 2 item 60.1).
legal practitioner means an Australian legal practitioner;
S. 3 def. of member of police personnel inserted by No. 3/2009 s. 3(1), substituted as member of Victoria Police personnel by No. 37/2014 s. 10(Sch. item 103.1(c)).
member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;
mental impairment includes impairment because of mental illness, intellectual disability, dementia or brain injury;
S. 3 def. of organised crime offence amended by No. 3/2009 s. 3(2), substituted by No. 55/2014 s. 105(a).
organised crime offence has the meaning given by section 3AA;
police gaol has the same meaning as in the Corrections Act 1986;
S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 103.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 3 def. of prison amended by Nos 48/2006 s. 42(Sch. item 24), 32/2024 s. 1095.
prison has the same meaning as in the Corrections Act 1986 but includes a youth justice custodial centre within the meaning of the Youth Justice Act 2024;
S. 3 def. of proper officer inserted by No. 3/2009 s. 3(3).
proper officer means—
in the case of the Supreme Court—the prothonotary;
in the case of the County Court—a registrar of that Court;
S. 3 def. of Public Interest Monitor inserted by No. 72/2011 s. 22.
Public Interest Monitor means a Public Interest Monitor within the meaning of the Public Interest Monitor Act 2011;
S. 3 def. of restricted evidence inserted by No. 55/2014 s. 157.
restricted evidence means any evidence, information or thing that is the subject of a direction that is in force under section 43(1);
S. 3 def. of Special Investigations Monitor repealed by No. 82/2012 s. 106(a).
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S. 3 def. of Victorian Inspectorate inserted by No. 82/2012 s. 106(b), repealed by No. 31/2024 s. 113(Sch. 1 item 23.1(b)).
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witness summons means a summons issued under section 14 or 15.
S. 3AA inserted by No. 55/2014 s. 106.
For the purposes of this Act, organised crime offence means an indictable offence against the law of Victoria that—
is punishable by level 5 imprisonment (10 years maximum) or more; and
involves 2 or more offenders; and
satisfies subsection (2) or (3).
An offence satisfies this subsection if the offence—
involves substantial planning and organisation; and
forms part of systemic and continuing criminal activity; and
has a purpose of obtaining profit, gain, power or influence or of sexual gratification where the victim is a child.
S. 3AA(3) repealed by No. 37/2024 s. 114(2).
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It is immaterial that the offence was committed before the commencement of this Act.
Pt 1A (Heading and ss 3A–3D) inserted by No. 72/2011 s. 23.
S. 3A inserted by No. 72/2011 s. 23.
This Part applies if a person is required under this Act to give notice to the Public Interest Monitor of an application for—
a coercive powers order; or
an extension, variation or revocation of a coercive powers order.
S. 3B inserted by No. 72/2011 s. 23.
If the application is made in writing, the applicant must give the Public Interest Monitor a copy of the application and any affidavit required to be given to the Supreme Court in support of the application.
If further information is required under section 5(5) to be given to the Supreme Court, the applicant must also give the Public Interest Monitor that information.
If the application is to be made by telephone, the applicant must give the Public Interest Monitor the information required to be given to the Supreme Court judge on a telephone application.
An obligation to maintain secrecy in relation to, or that otherwise restricts, the provision of information to the Public Interest Monitor, whether imposed under an Act or by a rule of law, does not apply to the provision of information under this Part.
S. 3C inserted by No. 72/2011 s. 23.
The applicant must fully disclose to the Public Interest Monitor all matters of which the applicant is aware that are adverse to the application.
The applicant must not knowingly or recklessly fail to comply with subsection (1).
Penalty: 60 penalty units or imprisonment for 6 months or both.
S. 3D inserted by No. 72/2011 s. 23.
The Public Interest Monitor is entitled—
to appear at any hearing of the application to test the content and sufficiency of the information relied on and the circumstances of the application; and
for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—
to ask questions of any person giving information in relation to the application; and
to make submissions to the Supreme Court judge as to the appropriateness of granting the application.
Without limiting subsection (1), the Public Interest Monitor is entitled to make submissions to the Supreme Court in the presence of the judge or by phone, fax, email or any other reasonable way.
If a Public Interest Monitor is not reasonably able to be contacted for an application to which section 5(6) applies—
the application may proceed without a Public Interest Monitor being notified; and
S. 3D(3)(b) amended by No. 70/2013 s. 3(Sch. 1 item 28.1).
a Public Interest Monitor must be notified as soon as possible and given any information requested by the Public Interest Monitor that the Public Interest Monitor would have been entitled to obtain for or during the application.
As soon as practicable after the application is determined, the Public Interest Monitor must return to the applicant any documents given by the applicant to the Public Interest Monitor under section 3B or 3C or subsection (3) of this section in relation to the application.
A coercive powers order authorises the use in accordance with this Act of powers provided by this Act for the purpose of investigating the organised crime offence in respect of which the order is made.
S. 5(1) amended by Nos 37/2014 s. 10(Sch. item 103.2), 55/2014 s. 107(1).
Subject to subsections (2) and (2A), a police officer may apply to the Supreme Court for a coercive powers order if the police officer suspects on reasonable grounds that an organised crime offence has been, is being or is likely to be committed.
An application under subsection (1) may only be made with the approval of the Chief Commissioner or a delegate of the Chief Commissioner.
S. 5(2A) inserted by No. 55/2014 s. 107(2), repealed by No. 37/2024 s. 114(3).
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An application under subsection (1) must be in writing and must specify—
the name and rank of the applicant; and
the name and rank of the person who approved the application; and
particulars of the organised crime offence in respect of which the coercive powers order is sought; and
the name of each alleged offender or, if the name is unknown, state that the offender is unknown; and
the period, not exceeding 12 months, that is sought for the duration of the coercive powers order.
An application under subsection (1) must be supported by an affidavit of the applicant—
stating that he or she suspects that an organised crime offence has been, is being, or is likely to be committed, as the case requires; and
setting out the grounds on which the applicant holds that suspicion; and
setting out the reason why the use of coercive powers is sought.
The Supreme Court may require the applicant to provide any additional information that the Court requires in relation to the application.
S. 5(5A) inserted by No. 72/2011 s. 24.
The applicant must notify a Public Interest Monitor of the application in accordance with the regulations under the Public Interest Monitor Act 2011.
S. 5(6) amended by No. 6/2018 s. 68(Sch. 2 item 83.1).
If the applicant believes that—
the delay caused in complying with subsection (4) may prejudice the success of the investigation into the relevant organised crime offence; and
S. 5(6)(b) amended by No. 6/2018 s. 68(Sch. 2 item 83.1).
it is impracticable for an affidavit to be prepared or sworn or affirmed before the application is made—
the application for a coercive powers order may be made before an affidavit is prepared or sworn or affirmed.
If subsection (6) applies, the applicant must—
provide as much information as the Supreme Court considers is reasonably practicable in the circumstances; and
S. 5(7)(b) amended by No. 6/2018 s. 68(Sch. 2 items 83.2, 83.3).
if an affidavit has been prepared but not sworn or affirmed, provide a copy of the unsworn or affirmed affidavit to the Supreme Court; and
S. 5(7)(c) amended by No. 6/2018 s. 68(Sch. 2 item 83.3).
not later than the day following the making of the application, send the duly sworn or affirmed affidavit to the Supreme Court, whether or not a coercive powers order has been made.
An application under subsection (1) must be heard in closed court.
S. 6(1) amended by Nos 37/2014 s. 10(Sch. item 103.3), 33/2018 s. 94(1).
If a police officer believes that it is impracticable for an application for a coercive powers order to be made in person, the application may be made under section 5 by telephone, fax or other electronic communication.
S. 6(2) amended by Nos 6/2018 s. 68(Sch. 2 item 83.4), 33/2018 s. 94(2).
If transmission by fax or other electronic communication is available and an affidavit has been prepared, the applicant must transmit a copy of the affidavit, whether sworn or affirmed, or unsworn or not affirmed, to the judge of the Supreme Court who is to determine the application.
Unless the Supreme Court orders otherwise, a person who publishes a report of a proceeding in respect of an application for a coercive powers order or any information derived from such a proceeding is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).
The Supreme Court may make an order under subsection (1) if it considers it appropriate to do so.
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