Proceeds of Crime Act 2002

Schedule 1 - Information gathering by participating States and self-governing Territories  

Note:

See section 14M .

PART 1 - PRODUCTION ORDERS  

SECTION 1   Making production orders  

1(1)    
A magistrate may make an order (a production order ) requiring a person to:

(a) produce one or more documents referred to in subclause (6) to an *authorised State/Territory officer of a *participating State or *self-governing Territory; or

(b) make one or more documents referred to in subclause (6) available to an authorised State/Territory officer of a participating State or self-governing Territory for inspection.

1(2)    
An authorised State/Territory officer of a *participating State or *self-governing Territory means:

(a) a person who may apply for, or make an affidavit in support of, a restraining order under a *special confiscation law of the State or Territory; or

(b) if New South Wales is a participating State - the Commissioner and Assistant Commissioners of the New South Wales Crimes Commission; or

(c) for a self-governing Territory - a person of a kind prescribed by the regulations in relation to the Territory.

1(3)    
However:

(a) the magistrate must not make a *production order unless the magistrate is satisfied by information on oath that the person is reasonably suspected of having possession or control of such documents; and

(b) a production order cannot require documents that are not:

(i) in the possession or under the control of a body corporate; or

(ii) used or intended to be used in the carrying on of a business;

to be produced or made available to an *authorised State/Territory officer of the *participating State or *self-governing Territory concerned; and

(c) a production order cannot require any accounting records used in the ordinary business of a *financial institution (including ledgers, day-books, cash-books and account books) to be produced to an authorised State/Territory officer of the participating State or self-governing Territory concerned.

1(4)    
The *production order can only be made on application by an *authorised State/Territory officer of a *participating State or *self-governing Territory.

1(5)    
The *authorised State/Territory officer need not give notice of the application to any person.

1(6)    
Each of the following is a document that may be the subject of a *production order:

(a) a document relevant to identifying, locating or quantifying property of a person for the purposes of:

(i) determining whether to take any action in relation to the person under the *unexplained wealth legislation of the *participating State or *self-governing Territory concerned; or

(ii) proceedings in relation to the person under the unexplained wealth legislation of the participating State or self-governing Territory concerned;

(b) a document relevant to identifying or locating any document necessary for the transfer of property of such a person;

(c) a document that would assist in the reading or interpretation of a document referred to in paragraph (a) or (b).