Unexplained Wealth (Commonwealth Powers) Act 2018

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

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

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.

An authorised State/Territory officer of a *participating State or *self-governing Territory means—

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

if New South Wales is a participating State—the Commissioner and Assistant Commissioners of the New South Wales Crimes Commission; or

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

However—

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

a production order cannot require documents that are not—

in the possession or under the control of a body corporate; or

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

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.

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

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

Each of the following is a document that may be the subject of a *production order—

a document relevant to identifying, locating or quantifying property of a person for the purposes of—

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

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

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

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