120ADocument request relating to maintenance and management of property

120A Document request relating to maintenance and management of property (1) If, under a memorandum of understanding entered into under section 78A, the Secretary has responsibility for property, the Secretary may request any person whom the Secretary believes has possession or control of documents that relate to the maintenance and management of that property to produce those documents to the Secretary. S. 120A(2) inserted by Nos 68/2010 s. 29(1), 79/2014 s. 36. (2) A prescribed person may request any person whom the prescribed person believes has possession or control of documents that relate to the maintenance and management of property in respect of which a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order has been made or that has been forfeited under this Act to produce those documents to the prescribed person. S. 120A(3) inserted by No. 68/2010 s. 29(1). (3) A request under subsection (1) or (2) may be made only if the person making the request reasonably believes that production of the documents is necessary for the purpose of maintaining and managing the property. S. 120AB inserted by No. 27/2016 s. 24. 120AB Document request relating to enforcement of pecuniary penalty order S. 120AB(1) amended by No. 44/2022 s. 38. (1) A prescribed person may request any person whom the prescribed person believes has possession or control of documents required for the enforcement of a pecuniary penalty order or an order under section 12 of the **Crimes (Confiscation of Profits) Act 1986** before its repeal to produce those documents to the prescribed person. (2) A request under subsection (1) may be made only if the person making the request reasonably believes that— (a) a pecuniary penalty order has been made against an accused in relation to a Schedule 1 offence or a Schedule 2 offence; and (b) the production of the documents is necessary to enforce that pecuniary penalty order. S. 120AC inserted by No. 55/2025 s. 6. 120AC Document request relating to enforcement of unexplained wealth order (1) A prescribed person may request a person who the prescribed person believes has possession or control of a document required for the enforcement of an unexplained wealth order to produce the document to the prescribed person. (2) A request under subsection (1) may be made only if the prescribed person making the request reasonably believes that— (a) an unexplained wealth order has been made against a person; and (b) the production of the document is necessary to enforce that unexplained wealth order. S. 120B inserted by No. 63/2003 s. 31. 120B Document request A document request must— S. 120B(b) amended by No. 68/2010 s. 29(2). (b) in the case of a document request made under section 120A(1), specify the basis on which the Secretary has responsibility for the property; and (c) specify the documents requested or the type of documents requested; and (d) state the purposes for which the documents are sought; and (e) state whether the documents will be provided to any other person and if so, in what circumstances; and (f) be given to the person who is requested to produce the documents. S. 120C inserted by No. 63/2003 s. 31. 120C Offences (1) A person who is given a document request must not, without reasonable excuse, fail to comply with the document request within 14 days after the day on which the document request is given. (2) A person who is given a document request must not provide any document that is false or misleading in a material particular. S. 120CA inserted by No. 44/2022 s. 36. 120CA Offence to disclose existence of document request (1) Subject to subsection (6), a person who is given, or has been given, a document request must not disclose the existence of the document request to any person (including the person to whom the request relates) except— (a) to the person who made the request or a member or an officer or employee of the person who made the request; or (b) to a person belonging to a prescribed class of persons; or (c) if the request was made to an entity, to an officer or agent of the entity, for the purpose of ensuring that the request is complied with; or (d) to a legal practitioner acting for the person to whom the request is or has been made, for the purpose of obtaining legal advice or representation in relation to the request; or (e) to a person for the purpose of obtaining advice or assistance that may reasonably be required to comply with the request, if doing so is not reasonably likely to result in the person to whom the request relates becoming aware of the request. Penalty: Level 5 fine (1200 penalty units maximum). (2) Subject to subsection (6), a person to whom the existence of a document request is disclosed in accordance with subsection (1) must not— (a) while the person is a person referred to in subsection (1)(c), (d) or (e), disclose the existence of the request to any person except another person referred to in subsection (1)(c), (d) or (e) for the purpose of— (i) if the disclosure is made by a person referred to in subsection (1)(c), ensuring that the document request is complied with or obtaining legal advice or representation in relation to the document request; or (ii) if the disclosure is made by a person referred to in subsection (1)(d), giving legal advice or providing representation in relation to the request; or (iii) if the disclosure is made by a person referred to in subsection (1)(e), providing advice or assistance that may reasonably be required to comply with the request; or (b) when the person is no longer a person referred to in subsection (1)(c), (d) or (e), make a record of, or disclose, the existence of the request in any circumstances. Penalty: Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both. (3) Nothing in subsection (2) prevents the disclosure by a person referred to in subsection (1)(c), (d) or (e) of the existence of a document request— (4) A reference in this section to disclosing the existence of a document request to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence of the document request. (5) An offence against subsection (1) is a summary offence. (6) It is not an offence under this section to disclose the existence of a document request if the existence of the document request has been made known in any proceedings in open court. S. 120D inserted by No. 63/2003 s. 31, amended by No. 68/2010 s. 29(3).