Australian Capital Territory Numbered Acts

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CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 160

Production orders—making

    (1)     This section applies if an application is made under section 158 (Production orders—application) to a relevant court for a production order requiring a person to give a police officer any property-tracking documents in the person's possession or control that relate to the person or property (or both) to which the application relates.

    (2)     The relevant court must make the production order sought if, having regard to the police officer's affidavit supporting the application and any other evidence before the court, the court is satisfied that there are reasonable grounds for the officer's suspicions stated in the affidavit.

    (3)     A production order must state

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

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

        (c)     that the person must give to a police officer any property-tracking documents in the person's possession or control that relate to the person or property (or both) stated in the order; and

        (d)     the place where and the time when, or the period within which, the documents must to be given to a police officer; and

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

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

    (4)     The order must also include a statement setting out the effect of division 12.6 (Information order offences) in relation to the order.

    (5)     The chief police officer must give a copy of a production order to the person to whom the order applies.

Note     For how documents may be served, see Legislation Act, pt 19.5.



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