New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 33

33 Making of production order

(1) If an authorised officer has reasonable grounds for suspecting that a person has possession or control of a property-tracking document, or property-tracking documents, the authorised officer may--

(a) lay before the Supreme Court an information on oath setting out those grounds, and

(b) apply to the Court, ex parte, for a production order against the person suspected of having possession or control of the document or documents.

(2) The Supreme Court may order the person against whom an application for a production order is made under subsection (1)--

(a) except in the case of bankers' books, to produce to an authorised officer at a specified time, or between specified times, and at a specified place any property-tracking documents that are in the person's possession or control, or

(b) to make available to an authorised officer, for inspection at a specified time or times, or between specified times, at the place at which they are kept, any property-tracking documents that are in the person's possession or control.

(2A) A requirement to produce a document that is in electronic form, or to make any such document available for inspection, includes a requirement to produce, or make available, a hard copy form of the document, including the generation of reports or the extraction of data.

(3) In this section--

"bankers' books" means any accounting records of a bank used in its ordinary business of banking, and includes ledgers, day-books, cash-books and account books.