Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:6_3zqo
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 6 cl 3ZQO
Character Range: 188552–190589

3ZQO  Power to obtain documents relating to serious offences

 (1) An authorised AFP officer may apply to a Federal Magistrate for a notice under this section in respect of a person if the AFP officer considers on reasonable grounds that the person has documents (including in electronic form) that are relevant to, and will assist, the investigation of a serious offence.

 (2) If the Magistrate is satisfied on the balance of probabilities, by information on oath or by affirmation, that:
 (a) the person has documents (including in electronic form) that are relevant to, and will assist, the investigation of a serious offence; and
 (b) giving the person a notice under this section is reasonably necessary, and reasonably appropriate and adapted, for the purpose of investigating the offence;
the Magistrate may give the person a written notice requiring the person to produce documents that:
 (c) relate to one or more of the matters set out in section 3ZQP, as specified in the notice; and
 (d) are in the possession or under the control of the person.

 (3) The Magistrate must not give the notice unless the authorised AFP officer or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the notice is being sought.

 (4) The notice must:
 (a) specify the name of the person to whom the notice is given; and
 (b) specify the matters to which the documents to be produced relate; and
 (c) specify the manner in which the documents are to be produced; and
 (d) specify the place at which the documents are to be produced; and
 (e) state that the person must comply with the notice within 14 days after the day on which the notice is given; and
 (f) set out the effect of section 3ZQS (offence for failure to comply); and
 (g) if the notice specifies that information about the notice must not be disclosed—set out the effect of section 3ZQT (offence for disclosing existence or nature of a notice).