Document ID: chunk:federal_register_of_legislation:C2024C00345:section:335n
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 335N
Character Range: 567152–569570

335N  Powers in relation to documents produced or seized
 (1) This section applies if:
 (a) documents are produced to a person under a requirement made under section 335; or
 (b) under a warrant issued under section 335L, a person:
 (i) takes possession of documents; or
 (ii) secures documents against interference; or
 (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person's possession.
 (2) If paragraph (1)(a) applies, the person may take possession of any of the documents.
 (3) The person may inspect, and may make copies of, or take extracts from, any of the documents.
 (4) The person may use, or permit the use of, any of the documents for the purposes of a proceeding.
 (5) The person may retain possession of any of the documents for so long as is necessary:
 (a) for the purposes of exercising a power conferred by this section (other than this subsection and subsection (7)); or
 (b) for the purposes of conducting the investigation concerned; or
 (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or
 (d) for such a proceeding to be begun and carried on.
 (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.
 (7) While the documents are in the person's possession, the person:
 (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person's possession; and
 (b) may permit another person to inspect any of the documents.
 (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.
 (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:
 (a) if paragraph (1)(a) applies—a person who so produced any of the documents; or
 (b) in any case—a person who was a party to the compilation of any of the documents;
to explain any matter about the content of any of the documents or to which any of the documents relate.
Note: Failure to comply with a requirement made under this subsection is an offence (see section 337).