Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 270

  (1)   The * Official Trustee, by written notice given to any person, may require the person to do any or all of the following things:

  (a)   to:

  (i)   give the Official Trustee such information as the Official Trustee requires for the purposes of the exercise of the Official Trustee's powers or the performance of the Official Trustee's duties under this Part; and

  (ii)   do so within the period, and in the manner, specified in the notice;

  (b)   to:

  (i)   attend before the Official Trustee, or a person authorised in writing by the Official Trustee for the purposes of this paragraph, at the time and place specified in the notice; and

  (ii)   give evidence relating to any matters connected with the exercise of the Official Trustee's powers or the performance of the Official Trustee's duties under this Part;

  (c)   to:

  (i)   give evidence by video link to the Official Trustee, or a person authorised in writing by the Official Trustee for the purposes of this paragraph, if the evidence relates to any matters connected with the exercise of the Official Trustee's powers or the performance of the Official Trustee's duties under this Part; and

  (ii)   commence doing so at the time specified in the notice;

  (d)   to:

  (i)   give evidence by telephone to the Official Trustee, or a person authorised in writing by the Official Trustee for the purposes of this paragraph, if the evidence relates to any matters connected with the exercise of the Official Trustee's powers or the performance of the Official Trustee's duties under this Part; and

  (ii)   commence doing so at the time specified in the notice;

  (e)   to:

  (i)   produce all * books in the possession of the person notified relating to any matters connected with the exercise of the Official Trustee's powers or the performance of the Official Trustee's duties under this Part; and

  (ii)   do so within the period, and in the manner, specified in the notice.

  (2)   In the case of a requirement under paragraph   (1)(b), (c) or (d), the * Official Trustee or a person authorised under the paragraph concerned:

  (a)   may require the evidence to be given on oath or affirmation, and either orally or in writing; and

  (b)   for that purpose, may administer an oath or affirmation.

  (3)   An oath or affirmation to be sworn or made by a person who is to give evidence by video link may be administered:

  (a)   by means of video link, in as nearly as practicable the same way as if the person were to give evidence in the presence of the * Official Trustee or the person authorised under paragraph   (1)(c), as the case may be; or

  (b)   as follows:

  (i)   on behalf of the Official Trustee or the person authorised under paragraph   (1)(c), as the case may be;

  (ii)   by a person authorised by the Official Trustee or the person authorised under paragraph   (1)(c), as the case may be;

  (iii)   at the place where the person is present for the purposes of giving evidence.

  (4)   An oath or affirmation to be sworn or made by a person who is to give evidence by telephone may be administered:

  (a)   by telephone, in as nearly as practicable the same way as if the person were to give evidence in the presence of the * Official Trustee or the person authorised under paragraph   (1)(d), as the case may be; or

  (b)   as follows:

  (i)   on behalf of the Official Trustee or the person authorised under paragraph   (1)(d), as the case may be;

  (ii)   by a person authorised by the Official Trustee or the person authorised under paragraph   (1)(d), as the case may be;

  (iii)   at the place where the person is present for the purposes of giving evidence.