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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 58

Notices to produce

  (1)   This section applies if the Commissioner has reasonable grounds to suspect that a person has information, or a document or thing, relevant to a corruption investigation.

  (2)   The Commissioner may, by notice in writing, require the person to give the information, document or thing to a specified staff member of the NACC.

Note:   Disclosing the existence of a notice, or any information about it, may be prohibited: see Subdivision A of Division   4 (use and disclosure of certain information and material).

  (3)   The notice is a notice to produce .

  (4)   If the notice is a post - charge or a post - confiscation application notice, the Commissioner must also have reasonable grounds to suspect that the information, documents or things are necessary for the purposes of the investigation even though:

  (a)   the person has been charged or the confiscation proceeding has commenced; or

  (b)   that charge or proceeding is imminent.

  (5)   The notice:

  (a)   must:

  (i)   be served on the person; and

  (ii)   be signed by the Commissioner; and

  (iii)   specify the period within which, and the manner in which, the person must comply with the notice; and

  (b)   may require information be given in writing.

  (6)   The matters in relation to which the Commissioner may require the person to give the information, document or thing include:

  (a)   the subject matter of any charge, or imminent charge, against the person; and

  (b)   the subject matter of any confiscation proceeding, or imminent confiscation proceeding, against the person.

  (7)   The Commissioner may serve the notice without holding a hearing.



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