Document ID: chunk:federal_register_of_legislation:C2018C00169:section:66:p1
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 66 (pt 1/3)
Character Range: 187228–189924

66  Production orders
 (1) Where:
 (a) a person has been convicted of an indictable offence and a police officer has reasonable grounds for suspecting that a person has possession or control of a property‑tracking document or property‑tracking documents in relation to the offence; or
 (b) a police officer has reasonable grounds for suspecting that:
 (i) a person has committed an indictable offence; and
 (ii) a person has possession or control of a property‑tracking document or property‑tracking documents in relation to the offence;
the police officer may:
 (c) lay before a Judge of the Supreme Court of:
 (i) the State or Territory in which the person was convicted of the offence or in which the offence is believed to have been committed; or
 (ii) a State or Territory in which the document is, or some or all of the documents are, believed to be located;
  an information on oath setting out those grounds; and
 (d) apply to the Judge for an order under subsection (4) against the person suspected of having possession or control of the document or documents.
 (1A) A police officer is not empowered to make an application under this section after the commencement of the Proceeds of Crime Act 2002.
 (2) Where a police officer applying for an order under this section in respect of an offence includes in the information under subsection (1) information on oath that the officer has reasonable grounds to believe that:
 (a) if the offence is an ordinary indictable offence:
 (i) the person who was convicted of the offence, or who is believed to have committed the offence, derived a benefit, directly or indirectly, from the commission of the offence; and
 (ii) property specified in the information is subject to the effective control of the person; or
 (b) if the offence is a serious offence—property specified in the information is subject to the effective control of the person;
the Judge may treat any document relevant to identifying, locating or quantifying that property as a property‑tracking document in relation to the offence for the purposes of this section.
 (3) In determining whether to treat a document, under subsection (2), as a property‑tracking document in relation to an offence, the Judge may have regard to the matters referred to in subsection 9A(2).
 (4) Where an application is made under subsection (1) for an order against a person, the Judge may, subject to subsections (5) and (6), make an order that the person:
 (a) produce to a police officer any documents of the kind referred to in subsection (1) that are in the person's possession or control; or
 (b) make available to a police officer, for inspection, any documents of that kind that are in the