Document ID: chunk:federal_register_of_legislation:C2025C00034:clause:1_1
Version: federal_register_of_legislation:C2025C00034
Segment Type: clause
Provision Reference: sch 1 cl 1
Character Range: 588181–591047

1  Making production orders
 (1) A magistrate may make an order (a production order) requiring a person to:
 (a) produce one or more documents referred to in subclause (6) to an *authorised State/Territory officer of a *participating State or *self‑governing Territory; or
 (b) make one or more documents referred to in subclause (6) available to an authorised State/Territory officer of a participating State or self‑governing Territory for inspection.
 (2) An authorised State/Territory officer of a *participating State or *self‑governing Territory means:
 (a) a person who may apply for, or make an affidavit in support of, a restraining order under a *special confiscation law of the State or Territory; or
 (b) if New South Wales is a participating State—the Commissioner and Assistant Commissioners of the New South Wales Crimes Commission; or
 (c) for a self‑governing Territory—a person of a kind prescribed by the regulations in relation to the Territory.
 (3) However:
 (a) the magistrate must not make a *production order unless the magistrate is satisfied by information on oath that the person is reasonably suspected of having possession or control of such documents; and
 (b) a production order cannot require documents that are not:
 (i) in the possession or under the control of a body corporate; or
 (ii) used or intended to be used in the carrying on of a business;
  to be produced or made available to an *authorised State/Territory officer of the *participating State or *self‑governing Territory concerned; and
 (c) a production order cannot require any accounting records used in the ordinary business of a *financial institution (including ledgers, day‑books, cash‑books and account books) to be produced to an authorised State/Territory officer of the participating State or self‑governing Territory concerned.
 (4) The *production order can only be made on application by an *authorised State/Territory officer of a *participating State or *self‑governing Territory.
 (5) The *authorised State/Territory officer need not give notice of the application to any person.
 (6) Each of the following is a document that may be the subject of a *production order:
 (a) a document relevant to identifying, locating or quantifying property of a person for the purposes of:
 (i) determining whether to take any action in relation to the person under the *unexplained wealth legislation of the *participating State or *self‑governing Territory concerned; or
 (ii) proceedings in relation to the person under the unexplained wealth legislation of the participating State or self‑governing Territory concerned;
 (b) a document relevant to identifying or locating any document necessary for the transfer of property of such a person;
 (c) a document that would assist in the reading or interpretation of a document referred to in paragraph (a) or (b).