Crimes Act 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 4B - Power to obtain information and documents  

Subdivision C - Power to obtain documents relating to serious terrorism and non-terrorism offences  

SECTION 3ZQO   Power to obtain documents relating to serious offences  

(1)    

An authorised AFP officer may apply to a Judge of the Federal Circuit and Family Court of Australia (Division 2) for a notice under this section in respect of a person if the AFP officer considers on reasonable grounds that the person has documents (including in electronic form) that are relevant to, and will assist, the investigation of a serious offence.

(2)    

If the Judge is satisfied on the balance of probabilities, by information on oath or by affirmation, that:

(a)    the person has documents (including in electronic form) that are relevant to, and will assist, the investigation of a serious offence; and

(b)    giving the person a notice under this section is reasonably necessary, and reasonably appropriate and adapted, for the purpose of investigating the offence;

the Judge may give the person a written notice requiring the person to produce documents that:

(c)    relate to one or more of the matters set out in section 3ZQP , as specified in the notice; and

(d)    are in the possession or under the control of the person.

(3)    

The Judge must not give the notice unless the authorised AFP officer or some other person has given to the Judge, either orally or by affidavit, such further information (if any) as the Judge requires concerning the grounds on which the issue of the notice is being sought.

(4)    
The notice must:

(a)    specify the name of the person to whom the notice is given; and

(b)    specify the matters to which the documents to be produced relate; and

(c)    specify the manner in which the documents are to be produced; and

(d)    specify the place at which the documents are to be produced; and

(e)    state that the person must comply with the notice within 14 days after the day on which the notice is given; and

(f)    set out the effect of section 3ZQS (offence for failure to comply); and

(g)    if the notice specifies that information about the notice must not be disclosed - set out the effect of section 3ZQT (offence for disclosing existence or nature of a notice).