Proceeds of Crime Act 2002

CHAPTER 4 - ADMINISTRATION  

PART 4-1 - POWERS AND DUTIES OF THE OFFICIAL TRUSTEE  

Division 2 - Obtaining information about controlled property  

SECTION 268   Access to books  

268(1)    
The * Official Trustee, or another person authorised in writing by the Official Trustee to exercise powers under this section, may, for the purpose of:

(a) ensuring that all the * controlled property is under the Official Trustee ' s custody and control; or

(b) ensuring the effective exercise of the Official Trustee ' s powers or the performance of the Official Trustee ' s duties, under this Part in relation to the controlled property;

require:

(c) the * suspect in relation to the * restraining order covering the controlled property; or

(d) any other person entitled to, or claiming an * interest in, the controlled property;

to produce specified * books in accordance with this section.

268(2)    
The requirement must be by written notice.

268(3)    
The requirement must be to produce the * books:

(a) to a specified person; and

(b) at a specified place, and within a specified period or at a specified time on a specified day, being a place, and a period or a time and day, that are reasonable in the circumstances.

268(4)    
The * books must be:

(a) in the possession of the person of whom the requirement is made; and

(b) in the opinion of the * Official Trustee or other person making the requirement, relevant for the purpose for which they are required.

268(5)    
If the * books are so produced, the * Official Trustee or other person making the requirement, or the specified person:

(a) may make copies of, or take extracts from, the books; and

(b) may require:

(i) the person required under this section to produce the books; or

(ii) any other person who was a party to the compilation of the books;

to explain to the best of his or her knowledge and belief any matter about the compilation of the books or to which the books relate.

268(6)    
If the * books are not so produced, the * Official Trustee or other person making the requirement, or the specified person, may require the person required under this section to produce the books to state, to the best of his or her knowledge or belief:

(a) where the books may be found; and

(b) who last had possession, custody or control of the books and where that person may be found.

268(7)    
The production of * books under this section does not prejudice a lien that a person has on the books.