Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 169

    (1)     This section applies if an application is made under section 167 (Examination orders—application) to a relevant court for an examination order authorising an authorised investigator to give the person (or people) to whom the application relates an examination notice in relation to the investigation stated in the application.

    (2)     The relevant court must make the examination order if, having regard to the authorised investigator's affidavit supporting the application and any other evidence before the court, the court is satisfied that—

        (a)     the investigator is authorised under section 165 (Authorised investigators) in relation to the investigation stated in the application; and

        (b)     there are reasonable grounds for the investigator's suspicions stated in the affidavit.

    (3)     An examination order must state—

        (a)     that it is an examination order under this Act; and

        (b)     the person (or people) to whom the order applies; and

        (c)     the investigation to which the order relates; and

        (d)     whether the order applies to documents; and

        (e)     if the order applies to documents—the kinds of documents that a person to whom the order applies may be required to produce under an examination notice; and

        (f)     whether the relevant court making the order has declared that the order is a non-disclosable examination order.

Note     The disclosure of the existence or operation of a non-disclosable information order is prohibited (see s 192).