Crimes Act 1914

An authorised AFP officer may apply to a Judge of the Federal Circuit and Family Court of Australia (Division 2) for a notice under this section in respect of a person if the AFP officer considers on reasonable grounds that the person has documents (including in electronic form) that are relevant to, and will assist, the investigation of a serious offence.

If the Judge is satisfied on the balance of probabilities, by information on oath or by affirmation, that:

the person has documents (including in electronic form) that are relevant to, and will assist, the investigation of a serious offence; and

giving the person a notice under this section is reasonably necessary, and reasonably appropriate and adapted, for the purpose of investigating the offence;

relate to one or more of the matters set out in section 3ZQP, as specified in the notice; and

are in the possession or under the control of the person.

The Judge must not give the notice unless the authorised AFP officer or some other person has given to the Judge, either orally or by affidavit, such further information (if any) as the Judge requires concerning the grounds on which the issue of the notice is being sought.

The notice must:

specify the name of the person to whom the notice is given; and

specify the matters to which the documents to be produced relate; and

specify the manner in which the documents are to be produced; and

specify the place at which the documents are to be produced; and

state that the person must comply with the notice within 14 days after the day on which the notice is given; and

set out the effect of section 3ZQS (offence for failure to comply); and

if the notice specifies that information about the notice must not be disclosed—set out the effect of section 3ZQT (offence for disclosing existence or nature of a notice).