Making of production orders
190 Making of production orders
The Supreme Court judge may make a production order only if satisfied there are reasonable grounds for suspecting the person possesses a document that may be a property tracking document relating to the confiscation offence or serious crime related activity mentioned in the application.
If the application includes information that the police officer reasonably suspects that—
the person who was found guilty of the offence, or who is suspected of having committed the offence, derived a benefit from the commission of the offence; and
property specified in the information is subject to the effective control of the person;
the judge may treat any document relevant to identifying, locating or quantifying that property as a property tracking document in relation to the offence for this section.
If an application relating to a serious crime related activity includes information that the police officer reasonably suspects—
the person who is suspected of having engaged in the serious crime related activity derived a benefit from the person’s illegal activity; and
the property specified in the information is subject to the effective control of the person;
the judge may treat any document relevant to identifying, locating or quantifying that property as a property tracking document in relation to the serious crime related activity for this section.
In deciding whether to treat a document as a property tracking document under subsection (2) or (3), the judge may have regard to the matters mentioned—
for subsection (2), in the Confiscation Act, section 187; or
for subsection (3), in the Confiscation Act, section 82 or 89L.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.