NSWIn ForceAct
Confiscation of Proceeds of Crime Act 1989
58Applications for production orders
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#### 58 Applications for production orders
58 Applications for production orders
> > (1) If—
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> > > (a) a person has been convicted of a serious offence and an authorised officer has reasonable grounds for suspecting that that or some other person has possession or control of a property-tracking document or property-tracking documents in relation to the offence, or
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> > > (b) an authorised officer has reasonable grounds for suspecting that—
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> > > > (i) a person has committed a serious offence, and
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> > > > (ii) a person has possession or control of a property-tracking document or property-tracking documents in relation to the offence,
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> > the authorised officer may—
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> > > (c) lay before the Supreme Court an information on oath setting out those grounds, and
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> > > (d) apply to the Court for a production order against the person suspected of having possession or control of the document or documents.
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> > (2) If an authorised officer applying for a production order in respect of an offence includes in the information under subsection (1) a statement on oath that the authorised officer has reasonable grounds to believe that—
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> > > (a) the person who was convicted of the offence, or who is believed to have committed the offence, derived a benefit, directly or indirectly, from the commission of the offence, and
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> > > (b) property specified in the information is subject to the effective control of the person,
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> > the Supreme Court may treat any document relevant to identifying, locating or quantifying that property as a property-tracking document in relation to the offence.
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> > (3) In determining whether to treat a document as a property-tracking document in relation to an offence, the Supreme Court may have regard to the matters referred to in section 10 (meaning of “effective control of property”).