ACTIn ForceAct
Confiscation of Criminal Assets Act 2003
169Examination orders—making
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169 Examination orders—making
(1) This section applies if an application is made under section 167
(Examination orders—application) to a relevant court for an
examination order authorising an authorised investigator to give the
person (or people) to whom the application relates an examination
notice in relation to the investigation stated in the application.
(2) The relevant court must make the examination order if, having regard
to the authorised investigator’s affidavit supporting the application
and any other evidence before the court, the court is satisfied that—
(a) the investigator is authorised under section 165 (Authorised
investigators) in relation to the investigation stated in the
application; and
(b) there are reasonable grounds for the investigator’s suspicions
stated in the affidavit.
(3) An examination order must state—
(a) that it is an examination order under this Act; and
(b) the person (or people) to whom the order applies; and
(c) the investigation to which the order relates; and
(d) whether the order applies to documents; and
(e) if the order applies to documents—the kinds of documents that
a person to whom the order applies may be required to produce
under an examination notice; and
(f) whether the relevant court making the order has declared that
the order is a non-disclosable examination order.