Major Crime (Investigative Powers) Regulations 2025 (Victoria)

These Regulations prescribe the forms and administrative particulars required to operate the Major Crime (Investigative Powers) Act 2004 (the Act). They do not amend the Act itself; they exercise the power in s 70 of the Act to make subordinate rules about procedural and record‑keeping matters. The Regulations come into force on 22 June 2025 (reg 3) and revoke the earlier Major Crime (Investigative Powers) Regulations 2015 and its 2018 and 2019 amendments (reg 4). The instrument is organised to (a) prescribe the precise forms to be used for coercive proceedings and related notices (Schedule 1, Forms 1-8), (b) require specific reporting and computerised record‑keeping by the Chief Commissioner and Chief Examiner (regs 13-16), and (c) identify the agencies to which information derived from coercive powers may be shared (reg 17).

Mechanically, the Regulations do the following (specific citations):

Prescribe the content and form of witness summonses issued by the Supreme Court (reg 6, Form 1) and the Chief Examiner (reg 7, Form 1).
Prescribe the form of an order to bring a person already in custody before the Chief Examiner (reg 8, Form 2).
Prescribe the confidentiality notice that may accompany a summons or order (reg 9, Form 3) and require that a copy of s 20 of the Act may accompany that notice (reg 9(b)).
Prescribe oath/affirmation wording for witnesses and interpreters and a short alternative oath/affirmation wording for children or persons with mental impairment (reg 10, reg 11, Forms 4-7).
Prescribe the form for giving notice of an application to a court to determine a claim of legal professional privilege (reg 12, Form 8).
Prescribe detailed reporting matters the Chief Examiner must provide to Integrity Oversight Victoria (reg 13) and the computerised record content the Chief Commissioner must maintain (reg 14), together with a register for retained documents/things (reg 15) and the matters the Chief Commissioner must include in its report to Integrity Oversight Victoria (reg 16).

Version No. 001

Major Crime (Investigative Powers) Regulations 2025

S.R. No. 49/2025

Version as at
22 June 2025

TABLE OF PROVISIONS

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Revocations 1

5 Definition 1

6 Supreme Court may issue witness summons 2

7 Chief Examiner may issue witness summons 2

8 Witness already held in custody 2

9 Confidentiality notices 2

10 Representation of witness 2

11 Taking of evidence 3

12 Application to County Court or Supreme Court to determine legal professional privilege 3

13 Chief Examiner must report other matters to Integrity Oversight Victoria 3

14 Records to be kept by Chief Commissioner 7

15 Register for retained documents and other things 13

16 Chief Commissioner's report to Integrity Oversight Victoria 14

17 Information sharing 15

Schedule 1—Forms 16

═════════════

Endnotes 26

1 General information 26

2 Table of Amendments 28

3 Explanatory details 29

Version No. 001

Major Crime (Investigative Powers) Regulations 2025

S.R. No. 49/2025

Version as at
22 June 2025

1 Objective

The objective of these Regulations is to prescribe forms and other matters for the purposes of the Major Crime (Investigative Powers) Act 2004.

2 Authorising provision

These Regulations are made under section 70 of the Major Crime (Investigative Powers) Act 2004.

3 Commencement

These Regulations come into operation on 22 June 2025.

4 Revocations

(1) The Major Crime (Investigative Powers) Regulations 2015[1] are revoked.

(2) The following Regulations are revoked—

(a) the Major Crime (Investigative Powers) Amendment Regulations 2018[2];

(b) the Major Crime (Investigative Powers) Amendment Regulations 2019[3].

5 Definition

In these Regulations—

the Act means the Major Crime (Investigative Powers) Act 2004.

6 Supreme Court may issue witness summons

For the purposes of section 14(12) of the Act, the prescribed form of a witness summons is Form 1 in Schedule 1.

7 Chief Examiner may issue witness summons

For the purposes of section 15(11) of the Act, the prescribed form of a witness summons is Form 1 in Schedule 1.

8 Witness already held in custody

For the purposes of section 18(5) of the Act, the prescribed form of an order is Form 2 in Schedule 1.

9 Confidentiality notices

A notice under section 20(1) of the Act—

(a) may be in the form set out in Form 3 in Schedule 1; and

(b) may be accompanied by a copy of section 20 of the Act.

10 Representation of witness

For 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—

(a) require the interpreter—

(i) to take an oath in the form set out in Form 4 in Schedule 1; or

(ii) to make an affirmation in the form set out in Form 5 in Schedule 1; and

(b) administer the oath or affirmation to the interpreter.

11 Taking of evidence

For the purposes of section 36(2)(a) of the Act—

(a) the prescribed form of an oath is Form 6 in Schedule 1; and

(b) the prescribed form of an affirmation is Form 7 in Schedule 1; and

(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—

"I promise to tell the truth.".

12 Application to County Court or Supreme Court to determine legal professional privilege

For the purposes of section 42(3) of the Act, the prescribed form is Form 8 in Schedule 1.

13 Chief Examiner must report other matters to Integrity Oversight Victoria

For the purposes of section 53(1)(d) of the Act, the following matters are prescribed—

(a) if the examination is of a person who attends in accordance with a witness summons—

(i) the date, time and place at which the witness summons was served; and

(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;

(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—

(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

(ii) the statement, if any, in the order as to the general nature of the matters about which the person is to be questioned;

(i) the date of revocation; and

(ii) the reason for the revocation, if known; and

(iii) the date of cessation of the examination;

(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—

(i) the date of release; and

(ii) the manner of giving notice of the release;

(e) whether the Chief Examiner has complied with the requirements of section 31 of the Act in respect of the examination;

(f) the duration of the examination;

(g) whether the person required to give evidence at the examination was aged under 18 years and if so—

(i) whether the person was released because the Chief Examiner became aware that the person was under the age of 16 years; and

(ii) whether a parent or a guardian of the person or an independent person was present during the person's examination; and

(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;

(h) whether the Chief Examiner believed the person required to give evidence at the examination to have a mental impairment and if so—

(i) whether an independent person was present during the person's examination; and

(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;

(i) whether the person required to give evidence at the examination had legal representation and if the person did not—

(i) whether the person was asked if they had sought legal advice; and

(ii) whether the person was given an opportunity to seek legal advice;

(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;

(k) whether, during the examination, the Chief Examiner considered a claim for legal professional privilege and if so—

(i) the name of the claimant; and

(ii) the time when the claim for legal professional privilege was made; and

(iii) the outcome of the consideration of the claim by the Chief Examiner and the date on which the outcome was reached; and

(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;

(l) whether the Chief Examiner has issued a certificate of charge and an arrest warrant under section 49 of the Act and if so—

(i) details of the alleged contempt of the Chief Examiner as set out in, or attached to, the certificate of charge; and

(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

(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);

(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—

(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

(ii) was retained under section 47(2) of the Act—

the date of return of the document or other thing to the person who produced it (if known).

14 Records to be kept by Chief Commissioner

(1) For the purposes of section 66(a) of the Act—

(a) the records must be computerised; and

(b) the matters specified in subregulation (2) are prescribed.

(2) The following matters are specified—

(a) in relation to applications made under section 5 of the Act for a coercive powers order—

(i) the number of applications made; and

(ii) for each application, a description of the organised crime offence in relation to which the application is made; and

Note

See subregulation (3).

(iii) the number of applications made in accordance with section 5(6) of the Act before an affidavit was prepared or sworn; and

(iv) the number of applications made in accordance with section 6 of the Act; and

(v) the number of coercive powers orders made on those applications; and

(vi) the number of applications refused and, for each refused application, the reasons for the refusal (if given);

(b) in relation to applications made under section 10(1)(a) of the Act for an extension of a coercive powers order—

(i) the number of applications made; and

(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

Note

See subregulation (3).

(iii) the number of coercive powers orders extended on those applications and, for each extension, the total period of the order; and

(iv) the number of applications refused and, for each refused application, the reasons for the refusal (if given);

(i) the number of applications made; and

(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

Note

See subregulation (3).

(iii) the number of coercive powers orders varied on those applications; and

(iv) a description of the variation made; and

(v) the number of applications refused and, for each refused application, the reasons for the refusal (if given);

(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—

(i) the number of notices given; and

(ii) for each notice, the reasons for giving the notice;

(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—

(i) the number of applications made; and

(ii) the number of coercive powers orders revoked and, for each revoked coercive powers order, the reasons for the revocation;

(f) in relation to applications made under section 14 of the Act for the issue of a witness summons—

(i) the number of applications made; and

(ii) the number of applications refused and, for each refused application, the reasons for the refusal; and

(iii) the number of witness summonses issued on those applications; and

(iv) the number of witness summonses issued on those applications that require immediate attendance in accordance with section 14(10) of the Act;

(g) in relation to applications made under section 15 of the Act for the issue of a witness summons—

(i) the number of applications made; and

(ii) the number of applications refused and, for each refused application, the reasons for the refusal; and

(iii) the number of witness summonses issued by the Chief Examiner on those applications; and

(iv) the number of witness summonses issued on the application that require immediate attendance in accordance with section 15(9) of the Act;

(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—

(i) the number of applications made; and

(ii) the number of orders made on those applications; and

(iii) the number of applications refused and, for each refused application, the reasons for the refusal;

(i) in relation to applications made under section 46 of the Act for the issue of an arrest warrant—

(i) the number of applications made; and

(ii) the number of applications refused and, for each refused application, the reasons for the refusal; and

(iii) the number of arrest warrants issued on those applications; and

(iv) the number of arrest warrants issued on those applications and executed and, for each of those warrants—

(A) the length of time a person was detained following arrest under the warrant; and

(B) whether the person is still in detention;

(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;

(k) the number of examinations conducted by the Chief Examiner, and the total number of days that an examination was held;

(l) in relation to the giving or furnishing of information by the Chief Commissioner under section 67 of the Act—

(i) the number of occasions on which information is given or furnished; and

(ii) details of the information given or furnished; and

(iii) the entity to whom the information is given or furnished;

(m) in relation to applications made under each of section 43A or 43B of the Act for the release of restricted evidence—

(i) the number of applications made; and

(ii) the number of applications refused and, for each refused application, the reasons for the refusal (if given); and

(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) 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);

(o) the evidentiary and intelligence value of the information obtained pursuant to the coercive powers order within three years of its expiry or cessation.

(3) A description of an organised crime offence under subregulation (2)(a)(ii), (b)(ii) or (c)(ii)—

(a) must include—

(i) if the offence is an offence against an enactment, a reference to the provision creating the offence; and

(ii) if the offence is an offence against the common law, the name of the offence; and

(b) may include other information but does not need to include the particulars of the offence.

Examples

1 Murder, contrary to common law, which is punishable pursuant to section 3 of the Crimes Act 1958 by level 1 imprisonment (life maximum).

2 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).

15 Register for retained documents and other things

(1) For the purposes of section 66(b) of the Act—

(a) the records must be computerised; and

(b) the matters specified in subregulation (2) are prescribed.

(2) The following matters are specified—

(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;

(b) for each document, other thing or bundle described in accordance with paragraph (a)—

(i) the date when the document, other thing or bundle was produced; and

(ii) the reasons for retaining the document, other thing or bundle; and

(iii) the current location of the document, other thing or bundle (if known);

(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;

(d) for each document, other thing or bundle described in accordance with paragraph (c)—

(i) the date when the document, other thing or bundle was produced; and

(ii) the date of return of the document, other thing or bundle;

(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—

(i) the date when the document, other thing or bundle was brought before the Magistrates' Court; and

(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;

(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.

16 Chief Commissioner's report to Integrity Oversight Victoria

For the purposes of section 66(c) of the Act, the prescribed matters are the matters prescribed in regulation 14(2).

17 Information sharing

For 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—

(a) the Director of Public Prosecutions for Victoria;

(b) the Director of Public Prosecutions however designated for the Commonwealth or another State or a Territory;

(d) the Coroners Court or its equivalent in another State or a Territory;

(e) the Racing Integrity Commissioner appointed under section 37A of the Racing Act 1958;

(f) the Youth Parole Board continued under section 442 of the Children, Youth and Families Act 2005;

(g) the Adult Parole Board established under section 61 of the Corrections Act 1986;

(h) the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011;

(i) the National Anti‑Corruption Commission established under section 20 of the National Anti‑Corruption Commission Act 2022 of the Commonwealth.

Schedule 1—Forms

Form 1

Regulations 6 and 7

Major Crime (Investigative Powers) Act 2004

Witness Summons

To: [insert name of person to whom summons is directed]

Address: [insert address]

FAILURE TO COMPLY WITH THIS WITNESS SUMMONS MAY BE AN OFFENCE. PENALTIES INCLUDING IMPRISONMENT MAY APPLY.

*A CONFIDENTIALITY NOTICE IS ATTACHED TO THIS WITNESS SUMMONS. PLEASE READ IT BEFORE DISCUSSING THIS WITNESS SUMMONS WITH ANYONE.

*You should note that your right to disclose the existence of this witness summons may be limited by the attached confidentiality notice.

A 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].

In accordance with section *14/*15 of the Major Crime (Investigative Powers) Act 2004—

You must attend

at [insert address]

***immediately/*on [insert date] at [insert time] a.m./p.m. and from day to day unless excused or released from further attendance—

*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

*to produce for examination by the Chief Examiner the following documents or things that are in your possession or control:

[specify documents or things].

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—

*[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].

*[if the summons is issued by the Chief Examiner] give notice in writing and proof of age to the Chief Examiner at [insert address].

Dated:

*Supreme Court

*Chief Examiner

*Delete if inapplicable

Form 2

Regulation 8

Major Crime (Investigative Powers) Act 2004

Order to Bring a Person Held in Custody before the Chief Examiner

To: [insert name of person in charge of place where person is held in custody]

at [insert name of place where person is held in custody]

*A CONFIDENTIALITY NOTICE IS ATTACHED TO THIS ORDER. PLEASE READ IT BEFORE DISCUSSING THIS ORDER WITH ANYONE.

*You should note that your right to disclose the existence of this order may be limited by the attached confidentiality notice.

A 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].

Under 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]

to be brought before the Chief Examiner

at [insert address]

on [insert date] at *a.m./*p.m.

to 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].

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.

Dated:

*Supreme Court

*Chief Examiner

*Delete if inapplicable

Form 3

Regulation 9

Major Crime (Investigative Powers) Act 2004

Confidentiality Notice

To: [insert name of person subject to the confidentiality notice]

Address: [insert address details]

THIS CONFIDENTIALITY NOTICE IS IMPORTANT.
PLEASE READ IT CAREFULLY.

FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.

PENALTIES INCLUDING IMPRISONMENT MAY APPLY.

This 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.

It 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.

If 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.

It 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:

 seeking legal advice in relation to the *witness summons/*order or the disclosure offence set out in section 20(5) of that Act;

 obtaining information in order to comply with the *witness summons/*order;

 the administration of that Act.

*[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.

You 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.

*[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.

*A copy of section 20 of the Major Crime (Investigative Powers) Act 2004 is attached to this confidentiality notice.

Dated:

*Supreme Court

*Chief Examiner

*Delete if inapplicable

Form 4

Regulation 10(a)(i)

Major Crime (Investigative Powers) Act 2004

Oath by interpreter

I *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.

Form 5

Regulation 10(a)(ii)

Major Crime (Investigative Powers) Act 2004

Affirmation by Interpreter

I 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.

Form 6

Regulation 11(a)

Major Crime (Investigative Powers) Act 2004

Oath

I *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.

Form 7

Regulation 11(b)

Major Crime (Investigative Powers) Act 2004

Affirmation

I solemnly and sincerely declare and affirm that the evidence I shall give will be the truth, the whole truth and nothing but the truth.

Form 8

Regulation 12

Major Crime (Investigative Powers) Act 2004

Notice of application to determine CLAIM OF legal professional privilege

To: [insert name of claimant for legal professional privilege]

Address: [insert address details]

I, [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.

You are entitled to appear and be heard on the hearing of the application.

You are notified that the application was filed on [date] returnable before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date].

Date:

Chief Examiner

*Delete if inapplicable

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The 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.

The 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).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes 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.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 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.
This 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.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All 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).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 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.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "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.

• Other material

Any 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).

2 Table of Amendments

There are no amendments made to the Major Crime (Investigative Powers) Regulations 2025 by statutory rules, subordinate instruments and Acts.

3 Explanatory details

Reg. 4(1): S.R. No. 65/2015 as amended by S.R. Nos 173/2018 and 10/2019. ↑
Reg. 4(2)(a): S.R. No. 173/2018. ↑
Reg. 4(2)(b): S.R. No. 10/2019. ↑

1 Major Crime (Investigative Powers) Regulations 2025

Version No. 001

Major Crime (Investigative Powers) Regulations 2025

S.R. No. 49/2025

Version as at
22 June 2025

TABLE OF PROVISIONS

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Revocations 1

5 Definition 1

6 Supreme Court may issue witness summons 2

7 Chief Examiner may issue witness summons 2

8 Witness already held in custody 2

9 Confidentiality notices 2

10 Representation of witness 2

11 Taking of evidence 3

12 Application to County Court or Supreme Court to determine legal professional privilege 3

13 Chief Examiner must report other matters to Integrity Oversight Victoria 3

14 Records to be kept by Chief Commissioner 7

15 Register for retained documents and other things 13

16 Chief Commissioner's report to Integrity Oversight Victoria 14

17 Information sharing 15

Schedule 1—Forms 16

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Endnotes 26

1 General information 26

2 Table of Amendments 28

3 Explanatory details 29

Version No. 001

Major Crime (Investigative Powers) Regulations 2025

S.R. No. 49/2025

Version as at
22 June 2025

1 Objective

The objective of these Regulations is to prescribe forms and other matters for the purposes of the Major Crime (Investigative Powers) Act 2004.

2 Authorising provision

These Regulations are made under section 70 of the Major Crime (Investigative Powers) Act 2004.

3 Commencement

These Regulations come into operation on 22 June 2025.

4 Revocations

(1) The Major Crime (Investigative Powers) Regulations 2015[1] are .

The Regulations concentrate on a small set of operational concepts that support coercive investigative powers under the Act. The main concepts, as prescribed, are:

Standardised process documentation: The Regulations prescribe exact forms for witness summonses, orders bringing custodial persons before the Chief Examiner, confidentiality notices, interpreter oaths/affirmations, witness oaths/affirmations and notices relating to legal professional privilege applications (regs 6-12; Schedule 1, Forms 1-8). Those forms embed statutory warnings, exemptions (such as age), and procedural prompts (for example, stating the general nature of matters to be questioned where disclosure will not prejudice the investigation).
Confidentiality management: A confidentiality notice is the prescribed mechanism to limit disclosure about the existence and subject matter of a summons or custodial order (reg 9, Form 3). The notice repeats the statutory prohibition and penalty and specifies permitted disclosures (for legal advice, compliance, administration and any other authorised persons listed in a particular notice). The forms require that a copy of s 20 of the Act may be attached (reg 9).
Age and mental impairment safeguards in process: The short oath/affirmation wording for persons under 18 and persons with a mental impairment (reg 11(c)) is prescribed as "I promise to tell the truth." Forms 1 and 2 specifically record that persons under 16 at the date of issue are not required to comply (Forms 1 and 2). Regulation 13 requires granular reporting about whether parents/guardians/independent persons were present and whether the person exercised the right to communicate with them (reg 13(g)-(h)).
Legal professional privilege (LPP) resolution pathway: The Regulations provide a form for notice of application to a court to determine LPP claims (reg 12, Form 8) and require the Chief Examiner to report whether an LPP claim was considered, who claimed it, timing, outcome, and whether an application to the County or Supreme Court was made and when notice was given (reg 13(k)).
Oversight and accountability data capture: The Chief Commissioner must maintain computerised records regarding the number and outcomes of applications for coercive powers orders, witness summonses, extensions/variations, revocations, arrest warrants, prosecutions for particular offences under the Act, the number and duration of examinations, and the value of information obtained within three years of expiry or cessation of an order (reg 14(2)(a)-(o)). The Chief Examiner also must report specified particulars about each examination to Integrity Oversight Victoria (reg 13).
Register of retained documents and things: A distinct computerised register must track documents or other things retained under ss 47(1)(d) and 47(2) of the Act, including descriptions, dates produced, reasons for retention, current location, and dates of return or Magistrates' Court directions (reg 15).
Prescribed information recipients: The Regulations limit the entities that may receive information derived under a coercive powers order by prescribing a specific list which includes state and Commonwealth DPPs, coronial jurisdictions, parole boards, the Racing Integrity Commissioner, IBAC and the National Anti‑Corruption Commission (reg 17).
Computerisation and data retention standard: Both the records prescribed under reg 14 and the register under reg 15 must be computerised (regs 14(1)(a) and 15(1)(a)). The Chief Commissioner’s reporting obligation to Integrity Oversight Victoria is to include the matters in reg 14(2) (reg 16).

These concepts together operationalise oversight, evidence control and interagency sharing for the specialised coercive examination regime. The Regulations make granular what the Act requires in broad terms: how a summons/order must look, what information must be logged and reported, who can receive derived information, and how sensitive procedural safeguards (age, mental impairment, LPP) must be recorded and progressed.

The Regulations assign roles and information obligations that affect identifiable actors and categories of persons. Primary affected parties and practical effects are as follows:

The Chief Examiner: The Regulations prescribe forms the Chief Examiner must use when issuing witness summonses (Form 1) or ordering the attendance of custodial witnesses (Form 2), provide for administering interpreter oaths and witness oaths/affirmations (regs 10-11, Forms 4-7), require the Chief Examiner to report detailed matters to Integrity Oversight Victoria about examinations (reg 13), and require the Chief Examiner to use Form 8 when giving notice of an LPP application to claimants (reg 12). The Chief Examiner therefore must follow the procedural content and reporting format set out in the Regulations.
The Chief Commissioner of Police: The Chief Commissioner is required to keep computerised records specified in reg 14 and maintain the register for retained documents/things specified in reg 15. The Chief Commissioner must also report those matters to Integrity Oversight Victoria as prescribed by reg 16. Police officers are the front‑line executors of arrest warrants and retainers of produced material (see regs 14(2)(i), 15). The Regulations thus impose administrative and data‑management obligations on the Victoria Police executive and its systems.
The Supreme Court and County Court: The Courts are affected because the Regulations prescribe the forms used when the Supreme Court issues a witness summons (reg 6) and by the Form 8 notice for LPP applications under s 42 of the Act (reg 12). The Magistrates' Court also is implicated via reg 15 which requires tracking of any document/thing brought before the Magistrates' Court under s 47(3) of the Act.
Witnesses and persons subject to coercive process: Individuals served with a witness summons or custodial order are affected directly by Forms 1-3 and the prescribed content of indictments, warnings and exemptions. The forms contain explicit warnings about criminal penalties for unauthorised disclosure (Form 3), the requirement for immediate attendance in certain summonses (Form 1), and age‑based exceptions (Forms 1-2). Persons under 16 are specifically exempted from compliance with a summons or order (Forms 1-2). Persons under 18 and those with mental impairment are subject to simplified oath wording and additional reporting obligations about presence of parents/guardians/independent persons (reg 11(c), reg 13(g)-(h)).
Custodial institutions and officers: Orders to bring a person already held in custody must be directed to the person in charge of the place where a person is detained (Form 2). The order instructs delivery into the custody of a named police member, so custodial staff and prison/corrections administrators are affected operationally when compliance is required.
Legal representatives and claimants of LPP: Form 8 gives notice of an application under s 42 to determine whether documents/things are subject to legal professional privilege (reg 12). The Regulations require the Chief Examiner to report specified details when an LPP claim arises (reg 13(k)). Those claiming privilege and their lawyers must be informed in the prescribed manner and can appear on the scheduled hearing date.
Integrity Oversight Victoria: The body established to receive oversight reporting under s 53 of the Act is the recipient of the detailed matters set out in reg 13 (Chief Examiner reporting) and reg 16 (Chief Commissioner’s report. The volume and granularity of required reporting assign operational workloads to this oversight body.
Agencies specified as authorised recipients: Reg 17 names a closed list of bodies that can receive information derived under a coercive powers order, including state and Commonwealth DPPs, coroner jurisdictions, parole boards, the Racing Integrity Commissioner, IBAC and the National Anti‑Corruption Commission. These agencies are legally permitted recipients under s 67(1)(c) as applied by the Regulations.
Other parts of the justice system: Arrest warrants, prosecutions for certain offences under the Act (listed in reg 14(2)(j)), and the Magistrates’ and Supreme/County Courts are operationally affected by the reporting demands, record keeping and procedural forms.

In sum, the Regulations primarily affect the Chief Examiner and Chief Commissioner (and the agencies they represent), persons subject to coercive processes, custodial facility administrators, courts engaged in privilege or coercive orders, and the specified agencies eligible to receive derived information. The Regulations do not create new substantive offences but standardise how existing statutory powers and obligations under the Act are exercised and recorded.

The Regulations prescribe duties for executive actors and set out forms that record statutory rights or exemptions. The key duties and rights, and where they appear in the Regulations, are:

Duties imposed on the Chief Examiner:

Issue witness summonses in the prescribed Form 1 when acting under s 15(11) of the Act (reg 7 and Schedule 1, Form 1). The form includes obligations to state the time/place for attendance and to list documents to be produced.
Issue orders to bring custodial witnesses in the form set out in Form 2 where relevant under s 18(5) of the Act (reg 8 and Form 2).
Where an interpreter is provided, require the interpreter to take the prescribed oath/affirmation in Forms 4-5 and administer it at the examination (reg 10).
Use prescribed oaths/affirmations for witnesses (Forms 6-7) and, for persons under 18 or with mental impairment, use the short prescribed words "I promise to tell the truth" where appropriate (reg 11(c)).
Provide a notice in the prescribed form when applying to the County or Supreme Court to determine legal professional privilege (reg 12, Form 8).
Report specific matters to Integrity Oversight Victoria about each examination (reg 13, detailed list of items (a)-(m)). The list requires reporting of how and when summonses/orders were served, whether the Chief Examiner complied with s 31, duration of examinations, treatment of under‑18s and persons with mental impairment, interpreter arrangements, LPP claims and outcomes, certificates of charge/arrest warrants issued, and the return of retained documents/things.

Duties imposed on the Chief Commissioner:

Keep computerised records in relation to a specified list of matters under s 66(a) of the Act, as set out in reg 14(1)-(2). The items to be recorded include counts of applications made for coercive powers orders, extensions and variations, witness summonses issued, orders to bring custodial witnesses, arrest warrants applied for and executed, prosecutions for specified offences under the Act, the number and duration of examinations, information sharing occurrences, applications for release of restricted evidence, prosecutions commenced within three years of expiry/cessation of a coercive powers order and the evidentiary and intelligence value of information obtained within three years of expiry/cessation (reg 14(2)(a)-(o)).
Maintain a computerised register for retained documents and other things as described in reg 15(1)-(2). That register must identify each retained item or bundle, dates produced and returned, reasons for retention, current location, and details of Magistrates’ Court directions if brought before that court.
Furnish a report to Integrity Oversight Victoria including the matters in reg 14(2) (reg 16).

Rights and protections preserved or recorded in the forms:

Age exemptions: Forms 1 and 2 repeat the Act’s consequence that a person under 16 at the date of issue is not required to comply with a summons or custodial order. The forms also set out the mechanism to give written notice and proof of age to the relevant authority (Form 1, Form 2).
Confidentiality protections and penalties: Form 3 reproduces the confidentiality notice under s 20(1) of the Act and records permitted disclosures and the statutory reasonable excuses set out in s 20(6). The notice explicitly warns that contravention may attract penalties including imprisonment and a fine (Form 3).
Right to legal advice and LPP processes: Reg 13 requires reporting about whether a person had legal representation, whether they were asked if they had sought legal advice and whether they were given an opportunity to seek legal advice (reg 13(i)). The Regulations also prescribe the method to notify claimants and courts about LPP determinations (reg 12, reg 13(k), Form 8).
Procedural safeguards for minors and persons with mental impairment: The Regulations require the Chief Examiner to report whether a parent/guardian/independent person was present and whether the examinee exercised the right to communicate with them before giving evidence or producing documents, and to record whether an independent person was present for mentally impaired persons (reg 13(g)-(h)). The Regulations also provide alternative, shorter oath/affirmation wording for those persons (reg 11(c)).

Interagency information sharing constraints:

The Regulations limit the entities permitted to receive information derived under a coercive powers order to those named in reg 17. This defines the legal universe of recipients under s 67(1)(c) of the Act and thereby constrains sharing to those bodies unless another statutory basis exists.

Reporting and transparency duties:

The Chief Examiner and Chief Commissioner must compile and transmit detailed datasets to Integrity Oversight Victoria (regs 13-16). That duty creates an accountability flow from investigative actors to the independent oversight body.

Administrative duties:

Computerisation: The Records (reg 14(1)(a)) and Register (reg 15(1)(a)) must be computerised which imposes a specific technical duty on the Chief Commissioner to ensure records are maintained in electronic form.

These duties and rights are procedural and administrative rather than substantive. The Regulations do not create new powers to compel, arrest or retain evidence beyond what the Act provides, but they mandate the precise forms, records and reporting that must accompany those powers.

The Regulations themselves do not create new criminal offences, but they reproduce statutory warnings and trigger enforcement mechanisms already in the Act. The relevant enforcement implications contained in the Regulations and forms are:

Statutory penalties reproduced in the forms:

The Confidentiality Notice (Form 3), issued under reg 9 and s 20(1) of the Act, warns that unauthorised disclosure of the existence or subject matter of a witness summons or custodial order is an offence and that penalties including imprisonment may apply. Form 3 specifies that an unauthorised disclosure can attract up to 12 months imprisonment or a fine of up to 120 penalty units or both, mirroring the statutory position referenced in the form text. Because the form explicitly states those penalties, persons served are put on notice of the criminal sanction in the Act.

Enforcement tools referenced and to be recorded:

Arrest warrants and certificates of charge: Reg 13(l) requires the Chief Examiner to report whether a certificate of charge and an arrest warrant under s 49 of the Act has been issued, the details of alleged contempt (as set out in the certificate), whether the arrest warrant was executed, the length of post‑arrest detention under the warrant and whether the person remains in detention, and the outcome of the alleged contempt proceedings in the Supreme Court to the extent known. Reg 14(2)(i) requires the Chief Commissioner to record numbers of applications for arrest warrants, refusals, numbers issued, and for executed warrants the length of detention and whether the person is still in detention. These reporting obligations make enforcement actions visible in oversight records.

Prosecutions recorded:

Regulation 14(2)(j) prescribes that the Chief Commissioner’s computerised records must include the number of prosecutions for offences against specified sections of the Act (ss 7(1), 20(5), 35(4), 36(4), 37(3), 38(3), 42(8), 43(3), 44 and 48(3)). By mandating a discrete count and recording of prosecutions under these sections, the Regulations channel enforcement data into oversight reporting.

Court processes for contested claims:

The Regulations preserve the role of courts in contested procedural matters. For example, the prescribed Form 8 (reg 12) is the notice required when the Chief Examiner applies to the Supreme Court or County Court under s 42 to determine legal professional privilege. Such court applications can affect the privileged status of documents and therefore the admissibility or retention of evidence and may engender separate civil or criminal proceedings depending on outcomes.

Operational enforcement:

Execution of orders to bring custodial witnesses involves custodial staff and police delivering persons into police custody for examination (Form 2). Non‑compliance with a summons or an order can trigger arrest or contempt proceedings under the Act; the Regulations ensure that any such enforcement action is recorded and reported.

Limits of the Regulations:

The Regulations do not create fresh penalties; they reference and reproduce the Act’s existing penalty framework,most prominently the confidentiality offence and the range of statutory offences listed in reg 14(2)(j). Enforcement remains the domain of the courts and, for record purposes, the Chief Examiner/Chief Commissioner must report enforcement activity to Integrity Oversight Victoria.

In short, the Regulations operationalise enforcement by specifying the documentation that warns affected persons of statutory sanctions and by requiring systematic recording of enforcement actions (arrest warrants, prosecutions, detention durations) so oversight bodies can monitor exercise of coercive powers.

The Regulations are explicitly framed as subordinate regulations made under s 70 of the Major Crime (Investigative Powers) Act 2004 and therefore operate in direct support of that Act. They also reference and interact with a number of other statutory instruments or statutory processes. The key points of interaction, grounded in the Regulations, are:

Direct interaction with the Act:

The Regulations repeatedly reference particular sections of the Act as the legal hook for prescribed forms and obligations. Examples include s 14(12) (prescribed form of witness summons issued by the Supreme Court , reg 6), s 15(11) (prescribed form for Chief Examiner witness summons , reg 7), s 18(5) (form for an order to bring a person in custody,reg 8), s 20 (confidentiality notices , reg 9), s 34(2) (interpreter arrangements , reg 10), s 36(2)(a) (oath/affirmation forms , reg 11), s 42(3) (Form 8 for LPP applications , reg 12), s 53(1)(d) (matters to be reported by the Chief Examiner , reg 13), s 66 (records and registers , regs 14-16), and s 67(1)(c) (prescription of agencies that may receive information , reg 17). The Regulations therefore operate only to the extent that the Act grants the power.

Overlap with court jurisdictions:

The Regulations specify forms and processes that bring the county and supreme courts into procedural functions under the Act, especially for determining LPP claims (reg 12) and for the Supreme Court issuing witness summonses (reg 6). The Magistrates' Court is also referenced in respect of the procedure for the return of retained documents where police have retained produced items (reg 15(d)-(f)). This aligns the administrative regime of the coercive scheme with ordinary court channels for contested legal questions.

Interaction with criminal and evidentiary law:

The confidentiality notice reproduces the penalty and disclosure exceptions in s 20 of the Act and expressly permits disclosures for legal advice or to comply with a summons (Form 3). LPP determinations under s 42 necessarily interface with evidentiary principles because they determine whether documents are privileged and thus may be excluded from use. The Regulations establish the procedural route (Form 8) for that interaction.

Information sharing across statutory regimes:

Regulation 17 prescribes the list of agencies that may receive information derived under a coercive powers order, and that list includes bodies established under other Acts:
- Director of Public Prosecutions for Victoria (state prosecutorial regime)
- Director of Public Prosecutions however designated for Commonwealth, other States or Territories (interjurisdictional prosecution)
- Coroners Court (and equivalents interstate) which will use derived information in coronial inquiries
- Racing Integrity Commissioner (Racing Act 1958 s 37A)
- Youth Parole Board (Children, Youth and Families Act 2005 s 442)
- Adult Parole Board (Corrections Act 1986 s 61)
- Independent Broad‑based Anti‑corruption Commission (Independent Broad‑based Anti‑corruption Commission Act 2011 s 12)
- National Anti‑Corruption Commission (National Anti‑Corruption Commission Act 2022 (Cth) s 20) This prescribes a legal pathway for sharing derived information with other statutory decision makers and investigative bodies, bridging the coercive powers regime with prosecutorial, parole, control and anti‑corruption frameworks.

Compliance with subordinate legislation rules:

The Endnotes state that the Regulations will sunset ten years after making under s 5 of the Subordinate Legislation Act 1994 (Endnote 1). They also note interpretive matters from the Interpretation of Legislation Act 1984 (Endnotes, section on ILA). These interactions mean that the ordinary rules governing interpretation, headings, examples and punctuation (ILA provisions noted in Endnotes) apply to the Regulations.

Administrative law and oversight:

The Regulations enhance the reporting duty to Integrity Oversight Victoria, which implicates administrative oversight provisions in the Act (s 53) and any statutory duties applicable to Integrity Oversight Victoria. The requirement for computerised record keeping and specific reporting items is thus an administrative law compliance node connecting investigatory agencies to oversight.

Limits and carve‑outs:

The Regulations do not expand the power to disclose derived information beyond the agencies listed in reg 17. They also maintain the Act’s exemptions (for example, under‑16 non‑compliance and the reasonable excuses in s 20(6)). Any other interactions,such as disclosure to other public bodies or to private entities,would need a separate statutory basis or fall within the permitted exceptions in the Act.

In short, the Regulations operate as procedural instruments that embed the coercive powers regime within the architecture of courts, prosecutorial agencies, parole and integrity bodies, and administrative oversight under existing statutes. They do not create substantive cross‑jurisdictional powers but define the channels through which information and procedural disputes are processed.

The Regulations expressly repeal the earlier instrument and two amendment instruments and set the statutory lifecycle for the new instrument. The amendment history and transitional details available in the source text are:

Revocations: Regulation 4(1) revokes the Major Crime (Investigative Powers) Regulations 2015. Regulation 4(2) revokes the Major Crime (Investigative Powers) Amendment Regulations 2018 and the Major Crime (Investigative Powers) Amendment Regulations 2019 (reg 4(2)(a)-(b)). The Explanatory Details (Endnote 3) identify the S.R. numbers corresponding to those instruments.
Making and commencement: The Endnotes state the Regulations were made on 17 June 2025 by the Governor in Council under s 70 of the Act and came into operation on 22 June 2025 (Endnote 1; reg 3).
Amendments since making: The Table of Amendments in the Endnotes reports no amendments made to the 2025 Regulations by subsequent statutory rules, subordinate instruments or Acts (Endnote 2). That means, as at the version date (22 June 2025), there are no later changes captured in the source.
Sunset provision: The Endnotes reference the Subordinate Legislation Act 1994 and state that the Regulations will sunset ten years after the day they were made on 17 June 2035 (Endnote 1). This is a statutory lifecycle feature that requires review or replacement before the sunset date if the scheme is to be continued without interruption.
Style and interpretation adjustments: The Endnotes also detail that the Interpretation of Legislation Act 1984 (ILA) provisions apply to the Regulations for headings, examples, punctuation and provision numbering. These stylistic points influence future amendment drafts and how insertions will be numbered (Endnotes section on ILA).

There is no internal amending or transitional provision in the Regulations text itself indicating staged implementation or grandfathering of records; rather the instrument repeals the previous Regulations outright and replaces them with the current forms and reporting duties. Practically, agencies that previously complied with the 2015 instrument and its amendments must migrate to the new Forms 1-8 and satisfy the computerisation and reporting standards set out in regs 14-16 from the commencement date.

The Regulations do not record any judicial decisions, and the endnotes’ Table of Amendments reports no amendments or litigation annotations. The source contains no cases, court determinations or references to litigation that have interpreted these specific Regulations. Consequently:

As at the version date (22 June 2025) there is no litigation history recorded in the instrument; no reported judicial challenges, declaratory judgments or appeals concerning the Regulations are contained in the source.
The Regulations do anticipate court involvement for certain disputes: specifically, legal professional privilege claims which the Chief Examiner may have to refer to the County Court or Supreme Court under s 42 of the Act, using the prescribed Form 8 (reg 12, Form 8). Such applications contemplate court adjudication of privilege claims, and reg 13 requires the Chief Examiner to report whether a claim was made and whether a court application was filed and when notice was given. Those procedural entries would generate court files and therefore potential litigation, but they are prospective: the Regulations themselves provide the process and record items rather than reporting outcomes of litigation.
The Regulations require reporting on the outcome of alleged contempts handled by the Supreme Court, to the extent known at the time of report (reg 13(l)(iii)). That indicates the regime expects Supreme Court litigation to occur in contempt cases, but again no specific litigation is recorded in the Regulations document.

In short, the Regulations embed procedural steps that will produce litigation records (for LPP disputes, contempt, arrests and prosecutions), but as a statutory instrument the Regulations themselves have no reported litigation history included in the source text.

Several concrete operational risks, compliance nuances and potential friction points arise directly from the text of the Regulations. These are not normative judgments but practical items that practitioners and compliance officers should note:

Confidentiality notice severity and scope (reg 9; Form 3):

The confidentiality notice reproduces a criminal sanction (Form 3). The notice both restricts disclosure and requires anyone to whom a disclosure is made to be informed that making further unauthorised disclosures is an offence. Practitioners must ensure permitted disclosures listed on an individual notice are accurate and that anyone who receives a permitted disclosure is properly warned , failing to do so could expose a third party to liability despite having been told by the witness.

Age thresholds create immediate non‑compliance (Forms 1-2):

Persons under 16 at the date of issue "do not have to comply" and the prescribed forms instruct how proof of age must be given and to whom. Misidentifying a person’s age or failing to follow the proof and notification route could lead to unlawful compulsion. The Chief Examiner must record reasons when a summons is directed at a person suspected to be under 18 (reg 13(a)(ii)).

Computerisation requirement and data governance (regs 14(1)(a), 15(1)(a)):

Both records and registers "must be computerised". Agencies must therefore ensure appropriate data security, retention schedules, and systems capable of producing the detailed fields listed in regs 14(2) and 15(2). The Regulations do not specify security standards or retention periods beyond specific reporting timelines (for example, three‑year windows for certain reporting), leaving implementation detail to agencies.

Granular reporting imposes workload and classification decisions (reg 14(2)):

The required record fields are numerous and detailed, including counts of applications made without affidavits being prepared or sworn (reg 14(2)(a)(iii)), and the "evidentiary and intelligence value" of information obtained within three years of expiry or cessation of a coercive powers order (reg 14(2)(o)). The latter is inherently evaluative and could require subjective assessments or the establishment of metrics for "evidentiary and intelligence value".

Legal professional privilege process timing and notice (reg 12, reg 13(k)):

The Chief Examiner must report timing details for LPP claims, including the time when the claim was made and the date notice under s 42(3) was given if a court application followed. Failure to serve Form 8 correctly could affect the fairness of subsequent court proceedings.

Narrow list of permitted recipients for derived information (reg 17):

The Regulations specify the agencies that may receive information derived under a coercive powers order. If an agency outside the list requests derived information, practitioners must identify a separate statutory basis or consent route. No mechanism is provided in the Regulations to expand the list, which could create operational bottlenecks when other investigative bodies require access.

Retention and return tracking (reg 15):

The register requires tracking of documents or things retained under s 47(1)(d) or s 47(2) and recording dates of return or Magistrates' Court directions. Mistakes in recording returns could create disputes about ownership or lead to challenges over chain of custody.

Arrest warrant execution and detention reporting (reg 14(2)(i), reg 13(l)):

The reporting obligations include how long a person was detained under an arrest warrant and whether the person remains in detention. Accurate timestamping and coordination between police custody records and Chief Examiner reporting is necessary; discrepancies could generate integrity questions.

Short oath for minors/mentally impaired persons (reg 11(c)):

The prescribed short oath/affirmation "I promise to tell the truth." may be used where the Chief Examiner deems it appropriate. There is no statutory definition of "appropriate" in the Regulations, so application depends on practitioner judgement, which should be recorded to satisfy reg 13(g)-(h) reporting obligations.

No substantive change to powers; purely procedural:

Because the Regulations are procedural, a risk is that users may misunderstand them as enlarging or limiting the Act’s substantive powers. Practitioners must align form usage with the underlying statutory authority cited in each regulation (e.g. s 14, s 15, s 18 etc.) to avoid procedural non‑compliance.

Sunset date requires forward planning (Endnote 1):

The Regulations will sunset on 17 June 2035 unless remade or continued. Agencies should plan for potential re‑legislation or extension before the sunset to avoid procedural gaps.

Each of these "gotchas" flows directly from the text: the forms’ content, the computerisation mandates, the specific reporting fields and the closed list of permitted recipients. They translate into administrative, legal and technical implementation tasks that agencies must manage.

The Regulations prescribe specific forms, record fields and reporting pathways. Compliance therefore requires changes in document templates, case management systems, staff practices and reporting routines. Concrete steps drawn from the Regulations are:

Adopt the prescribed forms exactly where indicated:

Use Form 1 for all witness summonses issued by the Supreme Court (reg 6) and by the Chief Examiner (reg 7). The form includes confidentiality notice warnings and must specify whether attendance is immediate or scheduled.
Use Form 2 for orders to bring persons held in custody under s 18(5) (reg 8).
Attach the prescribed confidentiality notice (Form 3) when issuing a witness summons or custody order, and, if applicable, attach a copy of s 20 of the Act (reg 9).
Use Forms 4-7 for interpreter oaths/affirmations and witness oaths/affirmations as required by regs 10-11.
Serve Form 8 when giving notice to a claimant of an application to the County Court or Supreme Court under s 42 (reg 12).

Ensure age and capacity procedures are followed:

Before enforcing a summons or custodial order, verify the age of the person. If the person is under 16 at the date of issue, do not compel attendance; follow the form’s instruction to accept written notice and proof of age directed to the appropriate authority (Forms 1-2).
For persons under 18 or with mental impairment, follow the alternative oath/affirmation wording in reg 11(c) if the Chief Examiner considers it appropriate, and document any independent person, parent or guardian presence and whether the examinee exercised communication rights (reg 13(g)-(h)).

Integrate confidentiality warnings into client handling:

If disclosing the existence of a summons or order to someone listed as a permitted recipient on a particular confidentiality notice, ensure they are informed that further disclosure may be an offence (Form 3). Train staff and legal advisers handling such notices to follow the "reasonable excuse" exceptions under s 20(6) for permitted disclosures (Form 3 content references s 20(6)).

Build or adapt computerised records and registers:

Create or modify case management systems so the Chief Commissioner’s records capture every prescribed field in reg 14(2). This includes counts of applications, descriptions of organised crime offences (including statutory references where relevant), numbers and outcomes of extensions, variations and revocations, arrest warrant metrics (including post‑arrest detention times), counts of prosecutions for specific sections of the Act, number/duration of examinations, information sharing occurrences, LPP release applications, prosecutions commenced within three years after expiry and assessments of evidentiary/intelligence value within three years (reg 14(2)(a)-(o)).
Maintain a computerised register of all documents/things retained under s 47(1)(d) and s 47(2) with the fields in reg 15(2)(a)-(f): description, date produced, reasons for retention, current location, date of return, and details of any Magistrates’ Court directions.

Establish reporting cycles to Integrity Oversight Victoria:

The Chief Examiner must report the matters in reg 13 to Integrity Oversight Victoria for each examination (reg 13). The Chief Commissioner must include reg 14(2) matters in its report to Integrity Oversight Victoria (reg 16). Define formats and submission schedules to ensure completeness and timeliness.

Define internal procedures for LPP claims:

When a claim of legal professional privilege arises, immediately note the claimant name, the time of claim, and the Chief Examiner’s outcome. If the Chief Examiner applies to court under s 42, serve Form 8 to the claimant stating the court, date and time (reg 12, reg 13(k), Form 8). Record every step for later reporting.

Record interpreter arrangements and language capability:

If a witness appears to have insufficient English, arrange and document the presence of a competent interpreter and administer the prescribed oath/affirmation for interpreters (reg 10; Forms 4-5). Record interpreter presence in the examination report to Integrity Oversight Victoria (reg 13(j)).

Synchronise custody and arrest warrant procedures:

For orders that require delivery of detained persons to the Chief Examiner, ensure custodial facility administrators receive Form 2 in the prescribed form and record delivery into custody as instructed. If an arrest warrant or certificate of charge is issued, track execution, detention duration and outcomes and include these in the Chief Examiner’s report (reg 13(l)). Ensure police custody records are aligned with the Chief Commissioner’s computerised registers (reg 14(2)(i)).

Control interagency sharing carefully:

Only share information derived under a coercive powers order with the agencies prescribed in reg 17 unless a separate legislative basis exists. Maintain logs of each disclosure (reg 14(2)(l) requires details of information given and the recipient).

Train staff on procedural nuances and documentation:

Train operational staff on the forms’ mandatory content (including the mandatory confidentiality wording and penalties), the age exemptions, the right to legal advice and the procedure for notifying claimants and courts about LPP claims. Maintain templates that mirror Schedule 1 to avoid non‑compliance.

Review data governance and privacy protections:

Because the Regulations mandate computerised registers and records that may hold sensitive personal data, require appropriate data protection measures, access controls, retention/deletion protocols consistent with information security and privacy obligations. The Regulations do not specify technical standards, so agencies must adopt internal policies that satisfy applicable information law obligations.

Plan for the sunset date:

Note the ten‑year sunset (Endnote 1) and prepare submissions or replacement instruments where continuation of similar forms/requirements is intended beyond 17 June 2035.

Following the Regulations means aligning forms, IT systems and operational practice with the exact text of Schedule 1 and regs 13-17. The steps above are direct translations of the Regulations’ mandatory parts into implementation tasks; each must be documented and audited by the agencies responsible to demonstrate compliance to Integrity Oversight Victoria.

Major Crime (Investigative Powers) Regulations 2025

Plain English Summary

Deep Dive

What it does

Current sections

Major Crime (Investigative Powers) Regulations 2025

Source text: opening excerpt

1 Major Crime (Investigative Powers) Regulations 2025

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply