Victorian Numbered Acts Victorian Numbered ActsAfter section 20(8) of the Major Crime (Investigative Powers) Act 2004 insert —
"(8A) If the Supreme Court or the Chief Examiner is satisfied that the circumstances referred to in subsection (2) or (3) that led to the giving of a notice under subsection (1) no longer apply, the Court or the Chief Examiner, as the case may be, must give written notice of that fact to the person to whom the notice under subsection (1) was given.
(8B) On the giving of the notice under subsection (8A), the notice under subsection (1) ceases to have effect.
(8C) A notice under subsection (1) ceases to have effect at the end of the period of 5 years after the notice is given (or that period as extended under subsection (8E)) unless the notice has ceased to have effect earlier.
(8D) Subsection (8C) applies to a notice given on or after, or which is in effect on, the commencement of section 6 of the Major Crime Legislation Amendment Act 2009 .
(8E) If the Chief Examiner or the Chief Commissioner is satisfied that an extension to the 5-year period referred to in subsection (8C) is necessary to protect a matter specified in subsection (8F)(a), (b), (c) or (d), the Chief Examiner or the Chief Commissioner must apply to the Supreme Court for an extension of that period.
(8F) The Supreme Court, on the application of the Chief Examiner or the Chief Commissioner under subsection (8E), may extend the 5-year period referred to in subsection (8C), if the Court is satisfied that an extension is necessary to protect—
(a) an investigation that is continuing (whether or not the investigation is, or is related to, the investigation in relation to which the witness summons was issued); or
(b) any proceeding that has been commenced but not finally determined; or
(c) the safety or reputation of a person; or
(d) the fair trial of a person who has or may be charged with an offence.".