Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CORRECTIONS LEGISLATION FURTHER AMENDMENT ACT 2017 (NO. 64 OF 2017) - SECT 27

Witness already held in custody

    (1)     For section 18(7) of the Major Crime (Investigative Powers) Act 2004 substitute

    "(7)     At the cessation of giving evidence at an examination before the Chief Examiner or on release from compliance with the order by the Chief Examiner, any police officer, police custody officer or escort officer must deliver the person who is the subject of the order to—

        (a)     the place of detention at which the person was held or detained at the time of the application for the order; or

        (b)     if that place of detention is a prison, any other prison determined by the Secretary to the Department of Justice and Regulation; or

        (c)     if that place of detention is a police gaol, any other police gaol determined by the Chief Commissioner.".

    (2)     After section 18(8) of the Major Crime (Investigative Powers) Act 2004 insert

    '(9)     A police custody officer may supervise a person who is the subject of an order under this section and in doing so has the functions and powers referred to in section 200I of the Victoria Police Act 2013 as if a reference to "this Division" were a reference to this section.

    (10)     An escort officer may supervise a person who is the subject of an order under this section and in doing so has the functions and powers referred to in section 55C of the Corrections Act 1986 .

    (11)     A person being supervised by a police custody officer or an escort officer under this section remains in the custody of the police officer referred to in subsection (2).

    (12)     In this section—

"escort officer" has the same meaning as in the Corrections Act 1986 ;

"police custody officer" has the same meaning as in the Victoria Police Act 2013 .'.

Part 4—Consequential and minor amendments



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback