Document ID: chunk:federal_register_of_legislation:C2025C00034:section:202:p1
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 202 (pt 1/3)
Character Range: 342408–345236

202  Making production orders
 (1) A magistrate may make an order (a production order) requiring a person to:
 (a) produce one or more *property‑tracking documents to an *authorised officer; or
 (b) make one or more property‑tracking documents available to an authorised officer for inspection.
 (2) 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 officer; 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 officer.
 (3) The *production order can only be made on application by an *authorised officer of an *enforcement agency.
 (4) The *authorised officer need not give notice of the application to any person.
 (5) Each of the following is a property‑tracking document:
 (a) a document relevant to identifying, locating or quantifying property of any person:
 (i) who has been convicted of, charged with, or whom it is proposed to charge with, an *indictable offence; or
 (ii) whom there are reasonable grounds to suspect of having engaged in conduct constituting a *serious offence;
 (b) a document relevant to identifying or locating any document necessary for the transfer of property of such a person;
 (c) a document relevant to identifying, locating or quantifying:
 (i) *proceeds of an indictable offence, or an *instrument of an indictable offence, of which a person has been convicted or with which a person has been charged or is proposed to be charged; or
 (ii) proceeds of a serious offence, or an instrument of a serious offence, that a person is reasonably suspected of having committed;
 (ca) a document relevant to identifying, locating or quantifying property suspected of being:
 (i) proceeds of an indictable offence, a *foreign indictable offence or an *indictable offence of Commonwealth concern; or
 (ii) an instrument of a serious offence;
  whether or not the identity of the person who committed the offence is known;
 (d) a document relevant to identifying or locating any document necessary for the transfer of property referred to in paragraph (c) or (ca);
 (e) a document relevant to identifying, locating or quantifying *literary proceeds in relation to an indictable offence or a *foreign indictable offence of which a person has been convicted or which a person is reasonably suspected of having committed;