Issue of orders to produce
107 Issue of orders to produce
On an application made under section 106(1), a JP may issue an order to produce a business record if satisfied that, in relation to each of the matters in section 106(1) that the applicant suspects, there are reasonable grounds for the applicant to have that suspicion.
An order to produce must contain the following information —
the applicant’s official details;
the name of the person to whom the order applies;
a reasonably particular description of the business record or class of business record to be produced by the person;
an order that the person produce the record or records;
whether the original or a copy of the record or records is required;
whether a paper, electronic or other version of the record or records is required;
the place where the record or records are to be produced;
the date on or before which the order must be obeyed, which must allow a reasonable period for the person to obey the order;
the name of the JP who issued the order;
the date and time when the order was issued.
An order to produce must be in the form prescribed by the regulations.
If a JP refuses to issue an order to produce, the JP must record on the application the fact of, the date and time of, and the reasons for, the refusal.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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