Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-2 - PRODUCTION ORDERS  

SECTION 202   Making production orders  

202(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.

202(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.

202(3)    
The * production order can only be made on application by an * authorised officer of an * enforcement agency.

202(4)    
The * authorised officer need not give notice of the application to any person.

202(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;

(iii) (Repealed by No 3 of 2010)

(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;

(iii) (Repealed by No 3 of 2010)

(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;

(ea)    

a document relevant to identifying, locating or quantifying property that constitutes part of a person ' s *wealth, if it is reasonable to suspect that the person ' s *total wealth exceeds the value of the person's wealth that was *lawfully acquired;

(eb)    a document relevant to identifying or locating any document necessary for the transfer of property of such a person;

(ec)    

a document relevant to determining whether, in a case where a person has made an application under section 57A for an order under section 57 in relation to an *interest in property:

(i) the amount paid to the Commonwealth under paragraph 89(1)(c) would not be property that is covered by subsection 57(6) ; and

(ii) if the whole or a part of the amount paid to the Commonwealth under paragraph 89(1)(c) would be borrowed by the person under a loan - the person ' s financial circumstances are such that the person will be able to repay the loan, meet the person ' s eligible living expenses and meet any eligible debts of the person, using property that is not covered by subsection 57(6) ; and

(ed)    

a document relevant to determining whether, in a case where a person has made an application under section 104A for an order under section 103 in relation to an interest in property:

(i) the amount paid to the Commonwealth under paragraph 105(1)(c) would not be property that is covered by subsection 103(6) ; and

(ii) if the whole or a part of the amount paid to the Commonwealth under paragraph 105(1)(c) would be borrowed by the person under a loan - the person ' s financial circumstances are such that the person will be able to repay the loan, meet the person ' s eligible living expenses and meet any eligible debts of the person, using property that is not covered by subsection 103(6) ; and

(f)    

a document that would assist in the reading or interpretation of a document referred to in paragraph (a), (b), (c), (ca), (d), (e), (ea), (eb), (ec) or (ed).

202(6)    

It is sufficient for the purposes of subparagraph (5)(c)(ii) or paragraph (5)(ca) that the document is relevant to identifying, locating or quantifying * proceeds of some offence or other of a kind referred to in that provision. It does not need to be relevant to identifying, locating or quantifying proceeds of a particular offence.

202(7)    

For the purposes of this section, it is immaterial whether the loan mentioned in subparagraph (5)(ec)(ii) was made under an arrangement entered into before or after the making of the application mentioned in paragraph (5)(ec).

202(8)    

For the purposes of this section, it is immaterial whether the loan mentioned in subparagraph (5)(ed)(ii) was made under an arrangement entered into before or after the making of the application mentioned in paragraph (5)(ed).

202(9)    

For the purposes of this section, loan includes anything that may reasonably be regarded as equivalent to a loan, and borrow has a corresponding meaning.

202(10)    

For the purposes of this section, each of the following are eligible living expenses of a person:

(a)    the person ' s reasonable living expenses;

(b)    the reasonable living expenses of any of the *dependants of the person;

(c)    the reasonable business expenses of the person.

202(11)    

For the purposes of this section, an eligible debt of a person is a debt incurred in good faith by the person.