{"id":"sr:major-crime-investigative-powers-regulations-2025","name":"Major Crime (Investigative Powers) Regulations 2025","slug":"major-crime-investigative-powers-regulations-2025","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183448,"registerId":"vic-sr:major-crime-investigative-powers-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Major Crime (Investigative Powers) Regulations 2025","content":"Version No. 001\n\n**Major Crime (Investigative Powers) Regulations 2025**\n\n**S.R. No. 49/2025**\n\nVersion as at  \n22 June 2025\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Definition 1\n\n6 Supreme Court may issue witness summons 2\n\n7 Chief Examiner may issue witness summons 2\n\n8 Witness already held in custody 2\n\n9 Confidentiality notices 2\n\n10 Representation of witness 2\n\n11 Taking of evidence 3\n\n12 Application to County Court or Supreme Court to determine legal professional privilege 3\n\n13 Chief Examiner must report other matters to Integrity Oversight Victoria 3\n\n14 Records to be kept by Chief Commissioner 7\n\n15 Register for retained documents and other things 13\n\n16 Chief Commissioner's report to Integrity Oversight Victoria 14\n\n17 Information sharing 15\n\nSchedule 1—Forms 16\n\n═════════════\n\nEndnotes 26\n\n1 General information 26\n\n2 Table of Amendments 28\n\n3 Explanatory details 29\n\n**Version No.** **001**\n\n**Major Crime (Investigative Powers) Regulations 2025**\n\n**S.R. No. 49/2025**\n\nVersion as at  \n22 June 2025\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe forms and other matters for the purposes of the **Major Crime (Investigative Powers) Act 2004**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 70 of the **Major Crime (Investigative Powers) Act 2004**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 22 June 2025.\n\n\t4 Revocations\n\n(1) The Major Crime (Investigative Powers) Regulations 2015[[1]](#endnote-1) are **revoked**.\n\n(2) The following Regulations are **revoked**—\n\n(a) the Major Crime (Investigative Powers) Amendment Regulations 2018[[2]](#endnote-2);\n\n(b) the Major Crime (Investigative Powers) Amendment Regulations 2019[[3]](#endnote-3).\n\n\t5 Definition\n\nIn these Regulations—\n\n***the Act*** means the **Major Crime (Investigative Powers) Act 2004**.\n\n\t6 Supreme Court may issue witness summons\n\nFor the purposes of section 14(12) of the Act, the prescribed form of a witness summons is Form 1 in Schedule 1.\n\n\t7 Chief Examiner may issue witness summons\n\nFor the purposes of section 15(11) of the Act, the prescribed form of a witness summons is Form 1 in Schedule 1.\n\n\t8 Witness already held in custody\n\nFor the purposes of section 18(5) of the Act, the prescribed form of an order is Form 2 in Schedule 1.\n\n\t9 Confidentiality notices\n\nA notice under section 20(1) of the Act—\n\n(a) may be in the form set out in Form 3 in Schedule 1; and\n\n(b) may be accompanied by a copy of section 20 of the Act.\n\n\t10 Representation of witness\n\nFor the purposes of section 34(2) of the Act, if the Chief Examiner has arranged for the presence of a competent interpreter at an examination, the Chief Examiner may, at the examination—\n\n(a) require the interpreter—\n\n(i) to take an oath in the form set out in Form 4 in Schedule 1; or\n\n(ii) to make an affirmation in the form set out in Form 5 in Schedule 1; and\n\n(b) administer the oath or affirmation to the interpreter.\n\n\t11 Taking of evidence\n\nFor the purposes of section 36(2)(a) of the Act—\n\n(a) the prescribed form of an oath is Form 6 in Schedule 1; and\n\n(b) the prescribed form of an affirmation is Form 7 in Schedule 1; and\n\n(c) in the case of a person under the age of 18 years or a person with a mental impairment and if the Chief Examiner considers it appropriate, the following words are the prescribed form of an oath or affirmation—\n\n\"I promise to tell the truth.\".\n\n\t12 Application to County Court or Supreme Court to determine legal professional privilege\n\nFor the purposes of section 42(3) of the Act, the prescribed form is Form 8 in Schedule 1.\n\n\t13 Chief Examiner must report other matters to Integrity Oversight Victoria\n\nFor the purposes of section 53(1)(d) of the Act, the following matters are prescribed—\n\n(a) if the examination is of a person who attends in accordance with a witness summons—\n\n(i) the date, time and place at which the witness summons was served; and\n\n(ii) if the Chief Examiner issued the summons and it is directed to a person suspected to be under the age of 18 years, the reason recorded under section 15(6)(b) of the Act;\n\n(b) if the examination is of a person who has been delivered into the custody of a police officer in accordance with an order under section 18(2) of the Act—\n\n(i) if the Chief Examiner made the order and it relates to a person suspected to be under the age of 18 years, the reason recorded under section 15(6)(b) of the Act; and\n\n(ii) the statement, if any, in the order as to the general nature of the matters about which the person is to be questioned;\n\n(c) if the examination ceases because of the revocation of a coercive powers order—\n\n(i) the date of revocation; and\n\n(ii) the reason for the revocation, if known; and\n\n(iii) the date of cessation of the examination;\n\n(d) if the person required to give evidence at the examination was released from attendance or further attendance because of the revocation of a coercive powers order—\n\n(i) the date of release; and\n\n(ii) the manner of giving notice of the release;\n\n(e) whether the Chief Examiner has complied with the requirements of section 31 of the Act in respect of the examination;\n\n(f) the duration of the examination;\n\n(g) whether the person required to give evidence at the examination was aged under 18 years and if so—\n\n(i) whether the person was released because the Chief Examiner became aware that the person was under the age of 16 years; and\n\n(ii) whether a parent or a guardian of the person or an independent person was present during the person's examination; and\n\n(iii) whether it reasonably appeared to the Chief Examiner that the person exercised the person's right to communicate with the parent, guardian or independent person (as the case may be) before giving any evidence or producing any document or thing;\n\n(h) whether the Chief Examiner believed the person required to give evidence at the examination to have a mental impairment and if so—\n\n(i) whether an independent person was present during the person's examination; and\n\n(ii) whether it reasonably appeared to the Chief Examiner that the person exercised the person's right to communicate with the independent person before giving any evidence or producing any document or thing;\n\n(i) whether the person required to give evidence at the examination had legal representation and if the person did not—\n\n(i) whether the person was asked if they had sought legal advice; and\n\n(ii) whether the person was given an opportunity to seek legal advice;\n\n(j) whether the person required to give evidence at the examination appeared to the Chief Examiner to have insufficient knowledge of the English language to enable the person to understand the questioning during the examination, and if so what arrangements were made for the presence of a competent interpreter;\n\n(k) whether, during the examination, the Chief Examiner considered a claim for legal professional privilege and if so—\n\n(i) the name of the claimant; and\n\n(ii) the time when the claim for legal professional privilege was made; and\n\n(iii) the outcome of the consideration of the claim by the Chief Examiner and the date on which the outcome was reached; and\n\n(iv) if an application was made to the County Court or Supreme Court for determination of the claim, the date on which the notice under section 42(3) of the Act was given to the claimant;\n\n(l) whether the Chief Examiner has issued a certificate of charge and an arrest warrant under section 49 of the Act and if so—\n\n(i) details of the alleged contempt of the Chief Examiner as set out in, or attached to, the certificate of charge; and\n\n(ii) whether the arrest warrant was executed and if so, how long the person was detained under the warrant and whether the person is still in detention; and\n\n(iii) details of the outcome of the alleged contempt of the Chief Examiner being dealt with by the Supreme Court (to the extent known at the time the report is made);\n\n(m) if a document or other thing was produced at the examination or to the Chief Examiner in accordance with a witness summons and either—\n\n(i) was retained under section 47(1)(d) of the Act (for whatever period) and was not brought before the Magistrates' Court under section 47(3) of the Act; or\n\n(ii) was retained under section 47(2) of the Act—\n\nthe date of return of the document or other thing to the person who produced it (if known).\n\n\t14 Records to be kept by Chief Commissioner\n\n(1) For the purposes of section 66(a) of the Act—\n\n(a) the records must be computerised; and\n\n(b) the matters specified in subregulation (2) are prescribed.\n\n(2) The following matters are specified—\n\n(a) in relation to applications made under section 5 of the Act for a coercive powers order—\n\n(i) the number of applications made; and\n\n(ii) for each application, a description of the organised crime offence in relation to which the application is made; and\n\n**Note**\n\nSee subregulation (3).\n\n(iii) the number of applications made in accordance with section 5(6) of the Act before an affidavit was prepared or sworn; and\n\n(iv) the number of applications made in accordance with section 6 of the Act; and\n\n(v) the number of coercive powers orders made on those applications; and\n\n(vi) the number of applications refused and, for each refused application, the reasons for the refusal (if given);\n\n(b) in relation to applications made under section 10(1)(a) of the Act for an extension of a coercive powers order—\n\n(i) the number of applications made; and\n\n(ii) for the coercive powers order to which each application relates, a description of the organised crime offence in respect of which that order is made; and\n\n**Note**\n\nSee subregulation (3).\n\n(iii) the number of coercive powers orders extended on those applications and, for each extension, the total period of the order; and\n\n(iv) the number of applications refused and, for each refused application, the reasons for the refusal (if given);\n\n(c) in relation to applications made under section 10(1)(b) of the Act for a variation of a coercive powers order—\n\n(i) the number of applications made; and\n\n(ii) for the coercive powers order to which each application relates, a description of the organised crime offence in respect of which that order is made; and\n\n**Note**\n\nSee subregulation (3).\n\n(iii) the number of coercive powers orders varied on those applications; and\n\n(iv) a description of the variation made; and\n\n(v) the number of applications refused and, for each refused application, the reasons for the refusal (if given);\n\n(d) in relation to notices given to the Supreme Court under section 11 of the Act that a coercive powers order is no longer required—\n\n(i) the number of notices given; and\n\n(ii) for each notice, the reasons for giving the notice;\n\n(e) in relation to applications for the revocation of a coercive powers order of which the Chief Commissioner is given notice under section 12 of the Act—\n\n(i) the number of applications made; and\n\n(ii) the number of coercive powers orders revoked and, for each revoked coercive powers order, the reasons for the revocation;\n\n(f) in relation to applications made under section 14 of the Act for the issue of a witness summons—\n\n(i) the number of applications made; and\n\n(ii) the number of applications refused and, for each refused application, the reasons for the refusal; and\n\n(iii) the number of witness summonses issued on those applications; and\n\n(iv) the number of witness summonses issued on those applications that require immediate attendance in accordance with section 14(10) of the Act;\n\n(g) in relation to applications made under section 15 of the Act for the issue of a witness summons—\n\n(i) the number of applications made; and\n\n(ii) the number of applications refused and, for each refused application, the reasons for the refusal; and\n\n(iii) the number of witness summonses issued by the Chief Examiner on those applications; and\n\n(iv) the number of witness summonses issued on the application that require immediate attendance in accordance with section 15(9) of the Act;\n\n(h) in relation to applications made under section 18 of the Act for an order to bring a witness already held in custody before the Chief Examiner to give evidence—\n\n(i) the number of applications made; and\n\n(ii) the number of orders made on those applications; and\n\n(iii) the number of applications refused and, for each refused application, the reasons for the refusal;\n\n(i) in relation to applications made under section 46 of the Act for the issue of an arrest warrant—\n\n(i) the number of applications made; and\n\n(ii) the number of applications refused and, for each refused application, the reasons for the refusal; and\n\n(iii) the number of arrest warrants issued on those applications; and\n\n(iv) the number of arrest warrants issued on those applications and executed and, for each of those warrants—\n\n(A) the length of time a person was detained following arrest under the warrant; and\n\n(B) whether the person is still in detention;\n\n(j) the number of prosecutions for offences against each of sections 7(1), 20(5), 35(4), 36(4), 37(3), 38(3), 42(8), 43(3), 44 and 48(3) of the Act;\n\n(k) the number of examinations conducted by the Chief Examiner, and the total number of days that an examination was held;\n\n(l) in relation to the giving or furnishing of information by the Chief Commissioner under section 67 of the Act—\n\n(i) the number of occasions on which information is given or furnished; and\n\n(ii) details of the information given or furnished; and\n\n(iii) the entity to whom the information is given or furnished;\n\n(m) in relation to applications made under each of section 43A or 43B of the Act for the release of restricted evidence—\n\n(i) the number of applications made; and\n\n(ii) the number of applications refused and, for each refused application, the reasons for the refusal (if given); and\n\n(iii) the number of applications granted by the Court on those applications and, for each granted application, the reasons for the grant (if given);\n\n(n) the number of prosecutions that were commenced within three years of the expiry or cessation of a coercive powers order in respect of the organised crime offence specified in the coercive powers order and the outcome of those prosecutions (if known);\n\n(o) the evidentiary and intelligence value of the information obtained pursuant to the coercive powers order within three years of its expiry or cessation.\n\n(3) A description of an organised crime offence under subregulation (2)(a)(ii), (b)(ii) or (c)(ii)—\n\n(a) must include—\n\n(i) if the offence is an offence against an enactment, a reference to the provision creating the offence; and\n\n(ii) if the offence is an offence against the common law, the name of the offence; and\n\n(b) may include other information but does not need to include the particulars of the offence.\n\n**Examples**\n\n1 Murder, contrary to common law, which is punishable pursuant to section 3 of the **Crimes Act 1958** by level 1 imprisonment (life maximum).\n\n2 An offence against section 71 of the **Drugs, Poisons and Controlled Substances Act 1981** (trafficking in a quantity of a drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs).\n\n\t15 Register for retained documents and other things\n\n(1) For the purposes of section 66(b) of the Act—\n\n(a) the records must be computerised; and\n\n(b) the matters specified in subregulation (2) are prescribed.\n\n(2) The following matters are specified—\n\n(a) a description of each document or other thing, or each bundle of documents or other things, which was produced at an examination or to the Chief Examiner and which was retained by a police officer under section 47(1)(d) of the Act;\n\n(b) for each document, other thing or bundle described in accordance with paragraph (a)—\n\n(i) the date when the document, other thing or bundle was produced; and\n\n(ii) the reasons for retaining the document, other thing or bundle; and\n\n(iii) the current location of the document, other thing or bundle (if known);\n\n(c) a description of each document or other thing, or each bundle of documents or other things, which was produced at an examination or to the Chief Examiner and which was retained by a police officer under section 47(2) of the Act;\n\n(d) for each document, other thing or bundle described in accordance with paragraph (c)—\n\n(i) the date when the document, other thing or bundle was produced; and\n\n(ii) the date of return of the document, other thing or bundle;\n\n(e) for each document, other thing or bundle described in accordance with paragraph (a) and which has been brought before the Magistrates' Court under section 47(3) of the Act—\n\n(i) the date when the document, other thing or bundle was brought before the Magistrates' Court; and\n\n(ii) details of any direction given by the Magistrates' Court in relation to the return of the document, other thing or bundle to the person who produced it;\n\n(f) for each document, other thing or bundle described in accordance with paragraph (a) and which has not been brought before the Magistrates' Court under section 47(3) of the Act, the date of return of the document, other thing or bundle.\n\n\t16 Chief Commissioner's report to Integrity Oversight Victoria\n\nFor the purposes of section 66(c) of the Act, the prescribed matters are the matters prescribed in regulation 14(2).\n\n\t17 Information sharing\n\nFor the purposes of section 67(1)(c) of the Act, the following agencies and bodies are prescribed for the purpose of receiving information derived under a coercive powers order—\n\n(a) the Director of Public Prosecutions for Victoria;\n\n(b) the Director of Public Prosecutions however designated for the Commonwealth or another State or a Territory;\n\n(c) the Coroners Court;\n\n(d) the Coroners Court or its equivalent in another State or a Territory;\n\n(e) the Racing Integrity Commissioner appointed under section 37A of the **Racing Act 1958**;\n\n(f) the Youth Parole Board continued under section 442 of the **Children, Youth and Families Act 2005**;\n\n(g) the Adult Parole Board established under section 61 of the **Corrections Act 1986**;\n\n(h) the Independent Broad-based Anti‑corruption Commission established under section 12 of the **Independent Broad‑based Anti-corruption Commission Act 2011**;\n\n(i) the National Anti‑Corruption Commission established under section 20 of the National Anti‑Corruption Commission Act 2022 of the Commonwealth.\n\nSchedule 1—Forms\n\nForm 1\n\nRegulations 6 and 7\n\n**Major Crime (Investigative Powers) Act 2004**\n\nWitness Summons\n\nTo: [*insert name of person to whom summons is directed*]\n\nAddress: [*insert address*]\n\n**FAILURE TO COMPLY WITH THIS WITNESS SUMMONS MAY BE AN OFFENCE. PENALTIES INCLUDING IMPRISONMENT MAY APPLY.**\n\n***A CONFIDENTIALITY NOTICE IS ATTACHED TO THIS WITNESS SUMMONS. PLEASE READ IT BEFORE DISCUSSING THIS WITNESS SUMMONS WITH ANYONE.**\n\n*You should note that your right to disclose the existence of this witness summons may be limited by the attached confidentiality notice.\n\nA coercive powers order has been made under section 8 of the **Major Crime (Investigative Powers) Act 2004** by the Supreme Court of Victoria on [*date*], *and extended on [*date*].\n\nIn accordance with section *14/*15 of the **Major Crime (Investigative Powers) Act 2004**—\n\n**You must attend**\n\n**at [*insert* *address*]**\n\n***immediately/*on [*insert date*] at [*insert* *time*] *a.m./*p.m. and from day to day unless excused or released from further attendance**—\n\n*to give evidence before the Chief Examiner in relation to [*state general nature of the matters about which the witness is to be questioned, unless the Supreme Court or Chief Examiner considers that this disclosure would prejudice the conduct of the investigation of the organised crime offence*]; *and\n\n*to produce for examination by the Chief Examiner the following documents or things that are in your possession or control:\n\n[*specify documents or things*].\n\n**Take note**: If you are under the age of 16 years at the date of issue of this summons, you do not have to comply with the summons, but you **must**—\n\n*[*if the summons is issued by the Supreme Court*] give notice in writing and proof of age to the Supreme Court at [*insert address*] and to the Chief Examiner at [*insert address*].\n\n*[*if the summons is issued by the Chief Examiner*] give notice in writing and proof of age to the Chief Examiner at [*insert address*].\n\nDated:\n\n*Supreme Court\n\n*Chief Examiner\n\n*Delete if inapplicable\n\nForm 2\n\nRegulation 8\n\n**Major Crime (Investigative Powers) Act 2004**\n\nOrder to Bring a Person Held in Custody before the Chief Examiner\n\nTo: [*insert name of person in charge of place where person is held in custody*]\n\nat [*insert name of place where person is held in custody*]\n\n***A CONFIDENTIALITY NOTICE IS ATTACHED TO THIS ORDER. PLEASE READ IT BEFORE DISCUSSING THIS ORDER WITH ANYONE.**\n\n***You should note that your right to disclose the existence of this order may be limited by the attached confidentiality notice.**\n\nA coercive powers order has been made under section 8 of the **Major Crime (Investigative Powers) Act 2004** by the Supreme Court of Victoria on [*date*], *and extended on [*date*].\n\nUnder section 18 of the **Major Crime (Investigative Powers) Act 2004** I order that [*insert name of person in custody*] born on [*insert date of birth*] who is detained at [*insert name of place where person is held in custody*] be delivered into the custody of [*insert name of member of police force who applies for the order*]\n\nto be brought before the Chief Examiner\n\nat [*insert address*]\n\non [*insert date*] at *a.m./*p.m.\n\nto give evidence at an examination *in relation to [*state general nature of the matters about which witness is to be questioned, unless the Supreme Court or Chief Examiner considers that this disclosure would prejudice the conduct of the investigation of the organised crime offence*].\n\n**Take note**: If the person named in this order to attend before the Chief Examiner is under the age of 16 years at the date of issue of this order, the order is of no effect and the person is not required to attend the examination.\n\nDated:\n\n*Supreme Court\n\n*Chief Examiner\n\n*Delete if inapplicable\n\nForm 3\n\nRegulation 9\n\n**Major Crime (Investigative Powers) Act 2004**\n\nConfidentiality Notice\n\nTo: [*insert name of person subject to the confidentiality notice*]\n\nAddress: [*insert address details*]\n\n**THIS CONFIDENTIALITY NOTICE IS IMPORTANT.  \nPLEASE READ IT CAREFULLY.**\n\n**FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.**\n\n**PENALTIES INCLUDING IMPRISONMENT MAY APPLY.**\n\nThis confidentiality notice is issued under section 20(1) of the **Major Crime (Investigative Powers) Act 2004**. The *witness summons issued to you/*order made in relation to you/*order made in respect of [*name of custodial witness*] requiring *your/*their attendance before the Chief Examiner for examination is a confidential document.\n\nIt is an offence to disclose to anyone else *(except in the circumstances specified in this notice) the existence of the *witness summons/*order, the subject-matter of the organised crime offence in relation to which the *witness summons was issued/*order was made, or any official matter connected with the *witness summons/*order, unless you have a reasonable excuse.\n\nIf you disclose any of the above matters when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.\n\nIt is a reasonable excuse if section 20(6) of the **Major Crime (Investigative Powers) Act 2004** applies to a disclosure. Section 20(6) of that Act relates to the following scenarios where the disclosure is made for the purposes of:\n\n seeking legal advice in relation to the *witness summons/*order or the disclosure offence set out in section 20(5) of that Act;\n\n obtaining information in order to comply with the *witness summons/*order;\n\n the administration of that Act.\n\n*[*If other specific disclosure permitted*] You are also permitted to disclose to [*name of person to whom disclosure is permitted*] the existence of the *witness summons/*order, *and you are permitted/*although you are not permitted, to disclose the subject-matter of the organised crime offence in relation to which the *witness summons was issued/*order was made, or any official matter connected with the *witness summons/*order.\n\nYou **must** inform a person to whom a disclosure is made that it is an offence to disclose to anyone else the above matters, unless the person has a reasonable excuse.\n\n*[*Custodial order only*] You may disclose the existence of the custody order to [*name and address of General Manager of Prison/name and address of General Manager of Corrections Victoria*] for the purpose of arranging the attendance of [*name of custodial witness*] to give evidence at the scheduled examination.\n\n*A copy of section 20 of the **Major Crime (Investigative Powers) Act 2004** is attached to this confidentiality notice.\n\nDated:\n\n*Supreme Court\n\n*Chief Examiner\n\n*Delete if inapplicable\n\nForm 4\n\nRegulation 10(a)(i)\n\n**Major Crime (Investigative Powers) Act 2004**\n\nOath by interpreter\n\nI *swear/*promise by [*Almighty God or the name of a god recognised by the person's religion*] that I will well and truly interpret the evidence that will be given and do all other matters and things that are required of me in this examination to the best of my ability.\n\nForm 5\n\nRegulation 10(a)(ii)\n\n**Major Crime (Investigative Powers) Act 2004**\n\nAffirmation by Interpreter\n\nI solemnly and sincerely declare and affirm that I will well and truly interpret the evidence that will be given and do all other matters and things that are required of me in this examination to the best of my ability.\n\nForm 6\n\nRegulation 11(a)\n\n**Major Crime (Investigative Powers) Act 2004**\n\nOath\n\nI *swear/*promise by [*Almighty God or the name of a god recognised by the person's religion*] that the evidence I shall give will be the truth, the whole truth and nothing but the truth.\n\nForm 7\n\nRegulation 11(b)\n\n**Major Crime (Investigative Powers) Act 2004**\n\nAffirmation\n\nI solemnly and sincerely declare and affirm that the evidence I shall give will be the truth, the whole truth and nothing but the truth.\n\nForm 8\n\nRegulation 12\n\n**Major Crime (Investigative Powers) Act 2004**\n\nNotice of application to determine CLAIM OF legal professional privilege\n\nTo: [*insert name of claimant for legal professional privilege*]\n\nAddress: [*insert address details*]\n\nI, [*name*], Chief Examiner, give notice of the making of an application to the *Supreme Court/*County Court of Victoria under section 42 of the **Major Crime (Investigative Powers) Act 2004** for a determination of whether or not [*describe the document(s) or thing(s)*] *is/*are the subject of legal professional privilege.\n\nYou are entitled to appear and be heard on the hearing of the application.\n\nYou are notified that the application was filed on [*date*] returnable before [*identify relevant judicial officer*] in [*identify relevant court room*] at [*time*] on [*date*].\n\nDate:\n\nChief Examiner\n\n*Delete if inapplicable\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Major Crime (Investigative Powers) Regulations 2025, S.R. No. 49/2025 were made on 17 June 2025 by the Governor in Council under section 70 of the **Major Crime (Investigative Powers) Act 2004**, No. 79/2004 and came into operation on 22 June 2025: regulation 3.\n\nThe Major Crime (Investigative Powers) Regulations 2025 will sunset 10 years after the day of making on 17 June 2035 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Major Crime (Investigative Powers) Regulations 2025 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4(1): S.R. No. 65/2015 as amended by S.R. Nos 173/2018 and 10/2019. [↑](#endnote-ref-1)\n\n2. Reg. 4(2)(a): S.R. No. 173/2018. [↑](#endnote-ref-2)\n\n3. Reg. 4(2)(b): S.R. No. 10/2019. [↑](#endnote-ref-3)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose of supporting the Major Crime (Investigative Powers) Act 2004. They replace the 2015 regulations with updated forms and reporting requirements but do not expand beyond the Act's framework. The information sharing in Regulation 17 adds specific agencies (notably the National Anti-Corruption Commission, established 2022) but this reflects updating for new Commonwealth bodies rather than scope creep."},"complexity_factors":["Extensive cross-referencing to the Major Crime (Investigative Powers) Act 2004 (the enabling Act) with 20+ specific section references","Detailed prescription of 8 distinct forms in Schedule 1 with complex conditional language and optional clauses","Regulation 13 contains 13 separate reporting categories with multiple sub-items (a through m), creating dense conditional reporting logic","Regulation 14(2) prescribes 15 categories of records with nested sub-items (some with 4 levels of indentation: (a)(i)(A))","Multiple interacting safeguards for vulnerable persons (under 18, mental impairment) requiring cross-checks between regulations and the Act","Specific procedural requirements for legal professional privilege claims involving court applications"],"plain_english_summary":"These regulations set out the administrative details for how Victoria's powerful organised crime investigation system works in practice. They replace older regulations from 2015 and prescribe the actual forms and procedures used when the Chief Examiner (a special investigator with coercive powers) compels people to give evidence about serious organised crime.\n\n**What this does:**\n- **Prescribes forms** for witness summonses, orders to bring prisoners to give evidence, confidentiality notices, oaths, and legal professional privilege applications (Schedule 1)\n- **Sets reporting requirements** requiring the Chief Examiner to report detailed information to Integrity Oversight Victoria about every examination, including whether witnesses were under 18, had mental impairments, had interpreters, or claimed legal professional privilege (Regulation 13)\n- **Requires record-keeping** by the Chief Commissioner of Police about every application for coercive powers orders, witness summonses, arrests, and prosecutions (Regulation 14)\n- **Establishes a register** tracking all documents and evidence retained during investigations (Regulation 15)\n- **Allows information sharing** with specific agencies including the DPP, IBAC, National Anti-Corruption Commission, parole boards, and racing integrity commissioner (Regulation 17)\n\n**Who it affects:**\n- People summoned to give evidence before the Chief Examiner (who can be compelled to answer questions even if they might incriminate themselves)\n- Victoria Police and the Chief Commissioner\n- The Chief Examiner and their staff\n- Integrity Oversight Victoria (the oversight body)\n- Various agencies who can receive information from investigations\n\n**Why it matters:**\nThese regulations govern a controversial but powerful investigative tool where people can be forced to answer questions about organised crime with penalties for refusing. The regulations add significant transparency and accountability requirements—particularly the detailed reporting about vulnerable witnesses (children, those with mental impairments) and the tracking of all documents seized. The information sharing provisions also expand how widely investigation results can be distributed."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Regulations revoke the earlier 2015 and amendment regulations (reg 4) and replace them with a consolidated set of procedural prescriptions. Their stated objective is to prescribe forms and other matters for the Act (reg 1); they do not alter the Act’s substantive investigative powers but set out how those powers must be exercised and reported (see regs 6–17 and Schedule 1)."},"complexity_factors":["Wide range of prescribed materials and templates (Schedule 1: Forms 1–8) that must be used for different Act powers (regs 6–12).","Extensive, itemised reporting obligations for the Chief Examiner to Integrity Oversight Victoria (reg 13) with many discrete data points to collect and timestamp.","Detailed computerised recordkeeping and statistical requirements imposed on the Chief Commissioner (reg 14(1)–(2)) across multiple application types and outcomes, increasing data‑handling complexity.","A separate computerised register for retained documents and things with itemised fields and return/retention tracking (reg 15).","Information‑sharing whitelist that routes derived information to multiple state and federal entities (reg 17), requiring governance and access controls.","Multiple cross‑references to substantive provisions of the Act (eg. sections 14, 15, 18, 20, 31, 36, 42, 47, 49, 53, 66, 67) creating dependencies between operational practice and statutory thresholds (regs 6–17).","Administrative burdens on police and agency staff to populate computerised systems, track detained persons and manage confidentiality notices (regs 8, 9, 14–15).","Enforceable penalties and confidentiality constraints embedded in prescribed forms (Schedule 1 Forms 1–3) that affect witness behaviour and disclosure paths."],"plain_english_summary":"These Regulations set out the official forms, record‑keeping, reporting and information‑sharing arrangements required under the Major Crime (Investigative Powers) Act 2004. They prescribe witness summons and custody order forms, confidentiality notices, oath/affirmation wording, computerised registers for retained materials, detailed reporting items and a list of agencies that may receive information.\n\nThey mainly affect the Chief Examiner, the Chief Commissioner, police and persons served with summonses or custody orders by creating procedural compliance duties (forms, reports and registers) and defining who may receive investigative information."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to determine whether the scope of this instrument changed from any original intent. The document appears to contain only version history and structural metadata, with no operative provisions visible for analysis."},"complexity_factors":["The parent Act (Major Crime (Investigative Powers) Act) is itself complex, involving coercive investigative powers that interact with common law rights","Regulations of this type often cross-reference multiple other instruments and Acts, creating a layered reading exercise","The document provided contains almost no substantive regulatory content — only metadata — making meaningful analysis highly limited","Regulations in the investigative powers space can affect constitutional rights (e.g. right to silence, privilege against self-incrimination), adding legal sensitivity","Scored conservatively low due to the near-total absence of actual regulatory text to assess"],"plain_english_summary":"These regulations flesh out the practical rules under the Major Crime (Investigative Powers) Act, setting out how coercive investigative tools are administered in Victoria. They mainly affect police and other investigators, and people subject to compulsory examinations, surveillance or evidence-production directions.\n\nThey matter because they determine the procedural detail—forms, processes and safeguards—that govern powerful compulsory powers and thus directly shape the rights and obligations of those involved in major crime investigations."}},"importantCases":[],"_links":{"self":"/api/acts/major-crime-investigative-powers-regulations-2025","history":"/api/acts/major-crime-investigative-powers-regulations-2025/history","analysis":"/api/acts/major-crime-investigative-powers-regulations-2025/analysis","conflicts":"/api/acts/major-crime-investigative-powers-regulations-2025/conflicts","importantCases":"/api/acts/major-crime-investigative-powers-regulations-2025/important-cases","documents":"/api/acts/major-crime-investigative-powers-regulations-2025/documents"}}