Part 6Information gathering

Part 6—Information gathering Division A1—Duty to provide information 130A—Suspect to provide information as to interests in restrained property If property of, or subject to the effective control of, a suspect becomes subject to a restraining order, the suspect must, within 14 days or such longer period as may be allowed by the DPP, provide the DPP with a statement specifying— (a) names and contact information for any persons or other entities who hold an interest in the property; and (b) any other particulars of a kind prescribed by the regulations. Maximum penalty: $2 500 or imprisonment for 6 months. Division 1—Examinations Subdivision 1—Examination orders 131—Examination orders relating to restraining orders (1) If an application for a restraining order has been made or a restraining order is in force, a relevant court may, on the application of the DPP, make an order (an examination order) for the examination of any person, including— (a) a person whose property is to be or is, or a person who has or claims an interest in property that is to be or is, the subject of the restraining order; or (b) a person identified in the affidavit or other evidence submitted in support of the application for the restraining order as a suspect for the serious offence to which the restraining order relates; or (c) a spouse or domestic partner of a person referred to in paragraph (a) or (b), about the affairs (including the nature and location of any property) of a person referred to in paragraph (a), (b) or (c). (2) An examination order ceases to have effect if the restraining order to which it relates ceases to have effect. (3) In this section— relevant court means— (a) if an application for a restraining order has been made—the court to whom the application has been made; or (b) if a restraining order is in force—the court that made the restraining order or any other court that could have made the restraining order. 132—Examination orders relating to applications for confirmation of forfeiture (1) If an application relating to the quashing of a person's conviction of a serious offence is made under section 64, 83 or 125, the court to which the application is made may, on the application of the DPP, make an order (an examination order) for the examination of any person, including— (a) the person whose conviction is quashed; or (b) a person whose property is, or a person who has an interest in property that is, the subject of the forfeiture, pecuniary penalty order or literary proceeds order (as the case may require) to which the application relates; or (c) a spouse or domestic partner of a person referred to in paragraph (a) or (b), about the affairs (including the nature and location of any property) of a person referred to in paragraph (a), (b) or (c). (2) The examination order ceases to have effect— (a) if the application is withdrawn; or (b) when the court finally determines the application. Subdivision 2—Examination notices 133—Examination notices (1) The DPP may give to a person who is the subject of an examination order a written notice (an examination notice) for the examination of the person. (2) A person who is the subject of an examination order may be given more than one examination notice under this section. (3) However, the DPP must not give an examination notice if— (a) an application has been made under section 43 for the restraining order to which the notice relates to be revoked; and (b) the court to which the application is made orders that examinations are not to proceed. (4) The fact that criminal proceedings have been commenced (whether or not under this Act) does not prevent the DPP giving the examination notice. 134—Form and content of examination notices (1) An examination notice— (a) must be in the prescribed form; and (b) must require the person to attend the examination; and (c) must specify the time and place of the examination; and (d) must specify such further information as the regulations may require. (2) An examination notice may require the person to produce at the examination the documents specified in the notice. Subdivision 3—Conducting examinations 135—Time and place of examination (1) The examination of a person subject to an examination order must be conducted— (a) at the time and place specified in the examination notice; or (b) at such other time and place as the DPP decides on the request of— (i) the person being examined, or the legal practitioner representing the person; or (ii) a person who is entitled to be present during an examination because of a direction under section 137(2). (2) If a person who is required by an examination notice to attend an examination refuses or fails to attend the examination at the time and place required in accordance with subsection (1), the DPP may apply to the Magistrates Court for the issue of a warrant to have the person arrested and brought before the DPP for the purpose of conducting the examination. (3) An examination of a person subject to an examination order may be conducted by video link or telephone in a manner determined by the DPP. (4) If, after the examination notice is given— (a) an application has been made under section 43 for the restraining order to which the notice relates to be revoked; and (b) the court to which the application is made orders that examinations are not to proceed, the DPP must— (c) give the person a written notice withdrawing the examination notice; and (d) if the examination of the person has started but not finished—stop the examination. (5) Nothing in this section prevents the DPP giving the person a further examination notice if the application for revocation of the restraining order is unsuccessful. (6) The fact that criminal proceedings have been commenced (whether or not under this Act) does not prevent the examination of a person. 136—Requirements made of person examined (1) A person subject to an examination order may be examined on oath by the DPP. (2) The DPP may, for that purpose— (a) require the person to take an oath; and (b) administer an oath to the person. (3) The oath to be taken by the person for the purposes of the examination is an oath that the statements that the person will make will be true. (4) An examination must not relate to a person's affairs— (a) if the examination relates to a restraining order and the person is no longer a person whose affairs can, under section 131, be subject to the examination; or (b) if the examination relates to the quashing of a conviction for a serious offence and the person is no longer a person whose affairs can, under section 132, be subject to the examination. (5) The DPP may require the person to answer a question that— (a) is put to the person at the examination; and (b) is relevant to the affairs (including the nature and location of any property) of a person referred to in section 131(1)(a), (b) or (c) or section 132(1)(a), (b) or (c). 137—Examination to take place in private (1) An examination is to take place in private. (2) The DPP may give directions about who may be present during an examination. (3) The following people are entitled to be present at the examination: (a) the DPP; (b) the person being examined, and the legal practitioner representing the person; (c) any other person who is entitled to be present because of a direction under subsection (2). 138—Role of the examinee's legal practitioner during examination (1) The legal practitioner representing a person being examined may, at such times during the examination as the DPP determines— (a) address the DPP; and (b) examine the person being examined, about any matter about which the DPP has examined the person. (2) The DPP may require a legal practitioner who, in the DPP's opinion, is trying to obstruct the examination by exercising rights under subsection (1), to stop addressing the DPP, or stop his or her examination, as the case requires. 139—Record of examination (1) The DPP— (a) may cause a record to be made of statements made at an examination; and (b) must, at the request of the person being examined— (i) make a record of statements made at an examination; and (ii) if the record is not a written record—cause the record to be reduced to writing. (2) If a record made under subsection (1) is in writing or is reduced to writing, the DPP must, if the person being examined makes a request in writing, provide without charge a copy of the written record. 140—Questions of law The DPP may— (a) on his or her own initiative; or (b) at the request of the person being examined, refer a question of law arising at an examination to the court that made the examination order. 141—DPP may restrict publication of certain material (1) The DPP may— (a) on his or her own initiative; or (b) at the request of the person being examined, give directions preventing or restricting disclosure to the public of— (c) matters contained in answers given, or documents produced, in the course of the examination; or (d) the whole or part of any written record of the examination. (2) In deciding whether or not to give a direction, the DPP must have regard to— (a) whether— (i) an answer that has been or may be given; or (ii) a document that has been or may be produced; or (iii) a matter that has arisen or may arise, during the examination is of a confidential nature or relates to the commission, or to the alleged or suspected commission, of a serious offence; and (b) any unfair prejudice to a person's reputation that would be likely to be caused if the DPP does not give the direction; and (c) whether giving the direction is in the public interest; and (d) any other relevant matter. 142—Protection of DPP etc (1) The DPP has, in the performance of his or her duties under this Division, the same protection and immunity as a Judge of the Supreme Court. (2) A legal practitioner appearing at an examination on behalf of the person being examined has the same protection and immunity as a legal practitioner appearing for a party in proceedings in the Supreme Court. (3) Subject to this Act, the person being examined has the same protection and, in addition to the penalties provided by this Act, is subject to the same liabilities as a witness in proceedings in the Supreme Court. Subdivision 4—Offences 143—Failing to attend an examination (a) is required by an examination notice to attend an examination; and (b) refuses or fails to attend the examination at the time and place specified in the notice, 144—Offences relating to appearance at an examination (1) A person attending an examination to answer questions or produce documents must not— (a) refuse or fail to be sworn; or (b) refuse or fail to answer a question that the DPP requires the person to answer; or (c) refuse or fail to produce at the examination a document specified in the examination notice that required the person's attendance; or (d) leave the examination before being excused by the DPP. (2) Subsection (1)(c) does not apply if the person complied with the notice in relation to production of the document to the extent that it was practicable to do so. 145—Self-incrimination (1) If a natural person is required to give information, answer a question or produce, or provide a copy of, a document under section 144 and the information, answer, document or record would tend to incriminate the person or make the person liable to a penalty (including a penalty in the nature of a confiscation order under this Act), the person must nevertheless give the information, answer the question or produce, or provide a copy of, the document or record, but the information, answer, document or record will not be admissible in evidence against the person in proceedings for an offence (other than proceedings in respect of the making of a false or misleading statement or declaration). (2) To avoid doubt, an answer given or document produced under section 144 is admissible in proceedings— 146—Unauthorised presence at an examination (a) is present at an examination; and (b) is not entitled to be present, 147—Breaching conditions on which records of statements are provided A person who breaches a condition imposed under section 141(1)(d) relating to a record given to the person under section 139 is guilty of an offence. 148—Breaching directions preventing or restricting publication (1) A person is guilty of an offence if— (a) the person publishes a matter contained in answers given or documents produced in the course of an examination; and (b) the publication is in contravention of a direction given under section 141 by the DPP. (2) However, subsection (1) does not apply to the disclosure of a matter— (a) to obtain legal advice or legal representation in relation to the order; or (b) for the purposes of, or in the course of, legal proceedings. Division 2—Production orders 149—Interpretation (1) For the purposes of this Division, a property-tracking document is any of the following: (a) a document relevant to identifying, locating or quantifying property owned by or subject to the effective control of a person— (i) who has been convicted of, charged with, or who it is proposed will be charged with, a serious offence; or (ii) whom there are reasonable grounds to suspect of having engaged in conduct constituting a serious offence; (b) a document relevant to identifying or locating a document necessary for the transfer of property owned by or subject to the effective control of a person referred to in paragraph (a); (c) a document relevant to identifying, locating or quantifying— (i) proceeds of a serious offence, or an instrument of a serious offence, of which a person has been convicted or with which a person has been charged or is proposed to be charged; or (ii) proceeds of a serious offence, or an instrument of a serious offence, that a person is reasonably suspected of having committed; (d) a document relevant to identifying or locating a document necessary for the transfer of property referred to in paragraph (c); (e) a document relevant to identifying, locating or quantifying literary proceeds in relation to a serious offence of which a person has been convicted or which a person is reasonably suspected of having committed; (f) a document that would assist in the reading or interpretation of a document referred to in this definition. (2) A document referred to in subsection (1) does not need to be relevant to identifying, locating or quantifying proceeds of a particular serious offence. 150—Making production orders (1) Subject to this section, a magistrate may, on the application of an authorised officer, make an order (a production order) requiring a person to— (a) produce one or more property-tracking documents; or (b) make one or more property-tracking documents available, to an authorised officer for inspection. (2) A magistrate must not make a production order unless the magistrate is satisfied by information on oath that the person is reasonably suspected of having possession or control of the documents. (3) To avoid doubt, an authorised officer applying for a production order need not give notice of the application to any person. 151—Contents of production orders (1) A production order must— (a) specify the nature of the documents required; and (b) specify the place at which the person must produce the documents or make the documents available; and (c) specify the time at which, or the times between which, the person must produce the documents or make the documents available; and (d) specify the name of the authorised officer who, unless he or she inserts the name of another authorised officer in the order, is to be responsible for giving the order to the person; and (e) if the order specifies that information about the order must not be disclosed—set out the effect of section 157; and (f) set out the effect of section 158. (2) Subject to subsection (3), the time or times specified under subsection (1)(c) must be at least 14 days from the day on which the order is given. (3) A magistrate making a production order may specify an earlier time or times under subsection (1)(c) if satisfied that it will not cause hardship to the person required to produce documents or make documents available. 152—Powers under production orders An authorised officer may inspect, take extracts from, or make copies of, a document produced or made available under a production order. 153—Retaining produced documents (1) An authorised officer may retain a document produced under a production order for as long as is necessary for the purposes of this Act. (2) A person to whom a production order is given may require the authorised officer to— (a) certify in writing a copy of the document retained to be a true copy and give the person the copy; or (b) allow the person to— (i) inspect the document; and (ii) take extracts from the document; and (iii) make copies of the document. 154—Self-incrimination (1) If a natural person is required to give information, answer a question or produce, or provide a copy of, a document or record under a production order and the information, answer, document or record would tend to incriminate the person or make the person liable to a penalty (including in the nature of a confiscation order under this Act), the person must nevertheless give the information, answer the question or produce, or provide a copy of, the document or record, but the information, answer, document or record will not be admissible in evidence against the person in proceedings for an offence other than proceedings in respect of the making of a false or misleading statement or declaration. (2) To avoid doubt, an answer given or document produced under a production order is admissible in proceedings— 155—Varying production orders (1) The magistrate who made a production order may— (a) on the application of the person required to produce a document to an authorised officer under the production order; and (b) if satisfied that the document is essential to the person's business activities, vary the order so that it instead requires the person to make the document available for inspection. (2) If the magistrate who made the production order is unavailable, then any other magistrate may vary the order. 156—Making false statements in applications A person who makes a false or misleading statement in, or in connection with, an application for a production order or an application for a variation of a production order is guilty of an offence. 157—Disclosing existence or nature of production orders (a) is given a production order that specifies that information about the order must not be disclosed; and (i) discloses the existence or nature of the order to another person; or (ii) discloses information to another person from which the other person could infer the existence or nature of the order, (2) Subsection (1) does not apply if the disclosure is made— (a) to an employee, agent or other person in order to obtain a document that is required by the order in order to comply with it, and that other person is directed not to inform the person to whom the document relates about the matter; or (b) to obtain legal advice or legal representation in relation to the order; or (c) for the purposes of, or in the course of, legal proceedings. 158—Failing to comply with a production order (a) is given a production order in relation to a property-tracking document; and (b) fails to comply with the order; and (c) has not been excused from complying under subsection (2), (2) A person is excused from complying if— (a) the person gives an authorised officer a statutory declaration stating that the person does not have possession or control of the document; and (b) the authorised officer notifies the person in writing that the person is excused from complying with the production order. 159—Destroying etc a document subject to a production order A person is guilty of an offence if the person destroys, defaces or otherwise interferes with a property-tracking document knowing, or recklessly indifferent to the fact, that a production order is in force requiring the document to be produced or made available to an authorised officer. Division 3—Notices to financial institutions 160—Giving notices to financial institutions (1) A police officer of or above the rank of Superintendent may give a written notice to a financial institution requiring the institution to provide to an authorised officer any information or documents relevant to any of the following: (a) determining whether an account is held by a specified person with the financial institution; (b) determining whether a specified person is a signatory to an account; (c) if a person holds an account with the institution—the current balance of the account; (d) details of transactions on such an account over a specified period of up to 6 months; (e) details of any related accounts (including names of those who hold those accounts); (f) a transaction conducted by the financial institution on behalf of a specified person. (2) A notice must— (a) state that the police officer believes that the notice is required— (i) to determine whether to take any action under this Act; or (ii) in relation to proceedings under this Act; and (b) specify the name of the financial institution; and (c) specify the information or documents required to be provided; and (d) specify the form and manner in which the information or documents are to be provided; and (e) state that the information or documents must be provided within a period specified in the notice, being not less than 3, or more than 7, business days after the day on which the notice is given; and (f) if the notice specifies that information about the notice must not be disclosed—set out the effect of section 163; and (g) set out the effect of section 164. (3) The police officer must not issue the notice unless the officer reasonably believes that giving the notice is required— (a) to determine whether to take any action under this Act; or (b) in relation to proceedings under this Act. 161—Immunity from liability No liability attaches to— (a) a financial institution; or (b) an officer, employee or agent of the institution, in relation to any action taken by the institution or person under a notice under section 160 or in the mistaken belief that action was required under the notice. 162—Making false statements in notices A person who makes a false or misleading statement (whether orally, in a document or in any other way) in, or in connection with, a notice under section 160 is guilty of an offence. 163—Disclosing existence or nature of notice (a) is given a notice under section 160 that specifies that information about the notice must not be disclosed; and (i) discloses the existence or nature of the order to another person; or (ii) discloses information to another person from which the other person could infer the existence or nature of the order, (2) Subsection (1) does not apply if the disclosure is made— (a) to an employee, agent or other person in order to obtain a document that is required by the order in order to comply with it, and that other person is directed not to inform the person to whom the document relates about the matter; or (b) to obtain legal advice or legal representation in relation to the order; or (c) for the purposes of, or in the course of, legal proceedings. 164—Failing to comply with a notice (a) is given a notice under section 160; and (b) fails to comply with the notice, Division 4—Monitoring orders 165—Making monitoring orders (1) A judge of the District Court may, on the application of an authorised officer, make an order (a monitoring order) that a financial institution provide information about transactions conducted during a specified period (including a future period) through an account held by a specified person with the institution. (2) A judge must not make a monitoring order unless satisfied that there are reasonable grounds for suspecting that the person in respect of whose account the information is sought— (a) has committed, or is about to commit, a serious offence; or (b) was involved in the commission, or is about to be involved in the commission, of a serious offence; or (c) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a serious offence. 166—Contents of monitoring orders (1) A monitoring order must— (a) specify the name or names in which the account is believed to be held; and (b) specify the information that the financial institution is required to provide; and (c) specify the period during which the order operates; and (d) specify the enforcement agency to which the information is to be provided; and (e) specify the form and manner in which the information is to be given; and (f) if the order specifies that information about the order must not be disclosed—set out the effect of section 169; and (g) set out the effect of section 170. (2) The period referred to in subsection (1)(c) must— (a) begin no earlier than the day on which notice of the monitoring order is given to the financial institution; and (b) end no later than 3 months after the date of the order. 167—Immunity from liability No liability attaches to— (a) a financial institution; or (b) an officer, employee or agent of the institution, in relation to any action taken by the institution or person in complying with a monitoring order or in the mistaken belief that action was required under the order. 168—Making false statements in applications A person who makes a false or misleading statement (whether orally, in a document or in any other way) in, or in connection with, an application for a monitoring order is guilty of an offence. 169—Disclosing existence or operation of monitoring order (1) A person who discloses the existence or the operation of a monitoring order to another person and the disclosure— (a) is not to a person specified in subsection (4); and (b) is not for a purpose specified in subsection (4), (2) A person who discloses information to another person from which the other person could infer the existence or operation of a monitoring order, and the disclosure— (a) is not to a person specified in subsection (4); and (b) is not for a purpose specified in subsection (4), (3) A person who— (a) receives information relating to a monitoring order in accordance with subsection (4); and (b) ceases to be a person to whom information could be disclosed in accordance with subsection (4); and (c) makes a record of, or discloses, the existence or the operation of the order, (4) A person may disclose the existence or the operation of a monitoring order to the following persons for the following purposes: (a) the head of the enforcement agency specified under section 166(1)(d) or an authorised officer of that agency— (i) for the purpose of performing that person's duties; or (ii) for the purpose of, or for purposes connected with, legal proceedings; or (iii) for purposes arising in the course of proceedings before a court; (b) the Director of AUSTRAC, or a member of the staff of AUSTRAC who is authorised by the Director of AUSTRAC as a person who may be advised of the existence of a monitoring order— (i) for the purpose of performing that person's duties; or (ii) for the purpose of, or for purposes connected with, legal proceedings; or (iii) for purposes arising in the course of proceedings before a court; (c) an officer or agent of the financial institution for the purpose of ensuring that the order is complied with; (d) a barrister or solicitor for the purpose of obtaining legal advice or representation in relation to the order. 170—Failing to comply with monitoring order (a) is given a monitoring order; and (b) fails to comply with the order, Division 5—Search and seizure 171—Interpretation In this Division— material liable to seizure under this Act means— (a) tainted property; or (b) evidence relating to— (i) property in respect of which action has been or could be taken under this Act; or (ii) benefits derived from the commission of a serious offence; or (iii) literary proceeds. Subdivision 2—Search warrants 172—Warrants authorising seizure of property (1) A magistrate may, on application by an authorised officer, issue a warrant authorising— (a) the seizure of material liable to seizure under this Act; or (b) the search of a particular person, or particular premises, and the seizure of material liable to seizure under this Act found in the course of the search. (2) A magistrate may only issue a warrant under this section if satisfied that there are, in the circumstances of the case, reasonable grounds for issuing the warrant. (3) If a warrant has been issued before the commencement of this subsection authorising (or purporting to authorise) the seizure of money in a bank account held by a financial institution or any other thing as a chose in action— (a) the issuing of the warrant for that purpose is taken to be valid; and (b) seizure of the money or other thing pursuant to the warrant, and any subsequent actions under this Act in relation to the money or thing so seized, are not liable to legal challenge on the basis that the warrant was invalid; and (c) no liability lies against the Crown or any other person in respect of the seizure or subsequent action under this Act. 173—Applications for warrants (1) An application for the issue of a warrant may be made either personally or by telephone. (2) The grounds of an application for a warrant must be verified by affidavit. (3) An application for a warrant cannot be made by telephone unless in the opinion of the applicant a warrant is urgently required and there is not enough time to make the application personally. (4) If an application for a warrant is made by telephone— (a) the applicant must inform the magistrate of— (i) the applicant's name; and (ii) the applicant's rank or position title (as the case requires); and (iii) the enforcement agency of which the applicant is a member, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is an authorised officer; and (b) the applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and (c) if it appears to the magistrate from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and (d) if the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and (e) the warrant is taken to have been issued, and comes into force, when signed by the magistrate; and (f) the magistrate must inform the applicant of the terms of the warrant; and (g) the applicant must fill out and sign a warrant form (the duplicate warrant) that— (i) sets out the name of the magistrate who issued the original and the terms of the warrant; and (ii) complies with any other requirements prescribed by regulation; and (h) the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant. (5) A magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court. 174—Powers conferred by warrant (1) A warrant authorises an authorised officer, with such assistants as he or she considers necessary— (a) to seize— (i) property referred to in the warrant; and (ii) documents and other material relevant to identifying, tracing, locating or quantifying property referred to in the warrant; and (b) if the warrant authorises a search of a person—to search the person and seize anything that the authorised officer suspects on reasonable grounds to be material liable to seizure under this Act; and (c) if the warrant authorises a search of premises—to enter into, break open and search the premises and anything in the premises and seize anything that the authorised officer suspects on reasonable grounds to be material liable to seizure under this Act. (2) A warrant must not be executed between the hours of 7 o'clock in the evening and 7 o'clock in the following morning unless the magistrate by whom the warrant is issued expressly authorises its execution between those hours. (3) An authorised officer, or a person assisting an authorised officer, may use such force as is reasonably necessary for the execution of a warrant but, subject to subsection (4), must not use force to open a part of the premises or to open anything in the premises, unless the person (if any) apparently in charge of the premises has been given a reasonable opportunity to open the premises or thing. (4) The person apparently in charge of premises need not be given a reasonable opportunity to open the premises or anything in the premises if— (a) it is not possible to give the person such an opportunity; or (b) the authorised officer, or person assisting an authorised officer, reasonably suspects that the premises, or the thing in the premises might be concealed, destroyed, lost or altered if such an opportunity were given. (5) An authorised officer who executes a warrant— (a) must prepare a notice in the prescribed form containing— (i) the authorised officer's name; and (ii) the authorised officer's rank or position title (as the case requires); and (iii) the enforcement agency of which the authorised officer is a member; and (iv) the name of the magistrate who issued the warrant and the date and time of its issue; and (v) a description of anything seized under the warrant; and (b) must, as soon as practicable after execution of the warrant— (i) in the case of a warrant authorising search of a person—give the notice to the person; or (ii) in any other case—give the notice to the occupier of the premises or leave it in a prominent position on those premises. (6) A warrant, if not executed at the expiration of one month from the date of its issue, then expires. 175—Hindering execution of warrant A person who, without lawful excuse, hinders an authorised officer, or a person assisting an authorised officer, in the execution of a warrant under this Division is guilty of an offence. 176—Person with knowledge of a computer or a computer system to assist access etc (1) An authorised officer responsible for executing a warrant may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable or necessary to allow an authorised officer to do one or more of the following: (a) access data held in or accessible from a computer that is on the premises specified in the warrant; (b) copy the data to a data storage device; (c) convert the data into documentary form. (2) The magistrate may make an order if satisfied that— (a) there are reasonable grounds for suspecting that material liable to seizure under this Act is accessible from the computer referred to in subsection (1)(a); and (b) the specified person is— (i) reasonably suspected of possessing, or having under his or her control, material liable to seizure under this Act; or (ii) the owner or lessee of the computer; or (iii) an employee of the owner or lessee of the computer; and (c) the specified person has knowledge of— (i) the computer or a computer network of which the computer forms a part; or (ii) measures applied to protect data held in or accessible from the computer. (3) A person who fails to comply with an order under this section is guilty of an offence. 177—Providing documents after execution of a search warrant If— (a) documents were on, or accessible from, the premises of a financial institution at the time when a search warrant relating to those premises was executed; and (b) those documents were not able to be located at that time; and (c) the financial institution provides them to the authorised officer who executed the warrant as soon as practicable after the execution of the warrant, then the documents are taken to have been seized under the warrant. Subdivision 3—Seizure without warrant 178—Seizure without warrant allowed in certain circumstances An authorised officer may seize material if— (a) the officer suspects on reasonable grounds that the material is liable to seizure under this Act and the person in possession of the material consents to the seizure; or (b) the material is found in the course of a search conducted under another law and the officer suspects on reasonable grounds that the material is liable to seizure under this Act. 179—Stopping and searching vehicles (1) If an authorised officer suspects on reasonable grounds that— (a) material liable to seizure under this Act is in or on a vehicle; and (b) it is necessary to exercise a power under this section in order to prevent the material from being concealed, destroyed, lost or altered; and (c) because the circumstances are serious and urgent, it is necessary to exercise the power without the authority of a search warrant, the authorised officer may, with such assistants as he or she considers necessary— (d) stop and detain the vehicle; and (e) search the vehicle, and any container in or on the vehicle, for the material; and (f) seize the material if he or she finds it there. (2) If, in the course of exercising a power under subsection (1), the authorised officer finds other material liable to seizure under this Act, the authorised officer may seize the material if he or she suspects on reasonable grounds that it is necessary— (a) to seize it in order to prevent its concealment, loss or destruction; and (b) because the circumstances are serious and urgent, to seize it without the authority of a search warrant. (3) An authorised officer, or a person assisting an authorised officer, may use such force as is reasonably necessary in exercising a power under this section, but must not use force to open a part of the vehicle or any container in or on the vehicle unless the person (if any) apparently in charge of the vehicle has been given a reasonable opportunity to open that part or container. (4) The person apparently in charge of a vehicle need not be given a reasonable opportunity to open part of the vehicle or a container in or on the vehicle if— (a) it is not possible to give the person such an opportunity; or (b) the authorised officer, or person assisting an authorised officer, reasonably suspects that the part or container might be concealed, destroyed, lost or altered if such an opportunity were given. Subdivision 4—Dealing with material liable to seizure under this Act 180—Receipts for material seized The authorised officer who executes a warrant, or a person assisting the authorised officer, must provide a receipt for material liable to seizure under this Act that is seized under the warrant or under Subdivision 3 (as the case requires). 181—Responsibility for material seized If material liable to seizure under this Act is seized under a search warrant or under Subdivision 3, the responsible custodian must— (a) arrange for the material to be kept until it is dealt with in accordance with this Act; and (b) ensure that all reasonable steps are taken to preserve the material while it is kept. 182—Effect of obtaining forfeiture orders If— (a) material liable to seizure under this Act is seized under a search warrant or under Subdivision 3; and (b) while the material is in the possession of the responsible custodian, a forfeiture order is made covering the material, the responsible custodian must deal with the material as required by the order. 183—Returning seized material (a) material liable to seizure under this Act is seized under a search warrant or under Subdivision 3 on the ground that it is evidence relating to— (i) property in respect of which action has been or could be taken under this Act; or (ii) benefits derived from the commission of a serious offence; or (iii) literary proceeds; and (i) the reason for the material's seizure no longer exists or it is decided that the material is not to be used in evidence; or (ii) if the material was seized under Subdivision 3—the period of 60 days after the material's seizure has ended, the authorised officer who executed the warrant, or who seized the material under Subdivision 3, (as the case requires) must take reasonable steps to return the material to the person from whom it was seized or to the owner if that person is not entitled to possess it. (2) However, the authorised officer does not have to take those steps if— (a) if subsection (1)(b)(ii) applies— (i) proceedings in respect of which the material might afford evidence have been instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or (ii) there is an order in force under section 184; or (b) the authorised officer is otherwise authorised to retain, destroy or dispose of the material; or (c) the material is forfeited or forfeitable to the Crown or is the subject of a dispute as to ownership. 184—Magistrate may order that material be retained (1) If an authorised officer has seized material liable to seizure under this Act under this Division, and proceedings in respect of which the material might afford evidence have not commenced before the end of— (a) 60 days after the seizure; or (b) a period previously specified in an order of a magistrate under this section, the authorised officer may apply to a magistrate for an order that the authorised officer may retain the material for a further period. (2) Before making an application, an authorised officer must— (a) take reasonable steps to discover whose interests would be affected by the retention of the material; and (b) if it is practicable to do so, notify such persons of the proposed application. (3) A magistrate may, if satisfied that it is necessary for the purpose of initiating or conducting proceedings under this Act, order that the authorised officer may retain the material for a specified time. 185—Return of seized material to third parties (1) A person who claims an interest in material liable to seizure under this Act that has been seized under a search warrant, or under Subdivision 3, on the ground that it is suspected of being tainted property may apply to a court for an order that the material be returned to the person. (2) A court must order the responsible custodian of the material to return the material to the applicant if the court is satisfied that— (a) the applicant is entitled to possession of the material; and (b) the material is not tainted property in relation to the relevant serious offence; and (c) the person in respect of whose suspected commission of, or conviction for, a serious offence the material was seized has no interest in the material. (3) If the court makes an order under subsection (2), the responsible custodian of the material must arrange for the material to be returned to the applicant. 186—Return of seized material if applications are not made for restraining orders or forfeiture orders (a) material liable to seizure under this Act has been seized under a search warrant, or under Subdivision 3, on the ground that a person believes on reasonable grounds that it is tainted property; and (b) at the time when the material was seized, an application had not been made for a restraining order or a forfeiture order that would cover the material; and (c) such an application is not made during the period of 60 days (or such longer period as may be ordered under subsection (1a)) after the day on which the material was seized, the responsible custodian of the material must arrange for the material to be returned to the person from whose possession it was seized as soon as practicable after the end of that period. (1a) A magistrate may, on application by an authorised officer, make an order extending the period of 60 days referred to in subsection (1)(c) by a further period of up to 28 days if satisfied that— (a) the extension of time is reasonably necessary in order for an application to be made for a restraining order or a forfeiture order that would cover the material; and (b) the retention of the property for the additional period will not cause undue hardship to the person from whom the material was seized. (2) However, this section does not apply to material to which section 187 applies. 187—Effect of obtaining restraining orders (a) material liable to seizure under this Act has been seized under a search warrant, or under Subdivision 3, on the ground that a person believes on reasonable grounds that it is tainted property; and (b) but for this subsection, the responsible custodian of the material would be required to arrange for the material to be returned to a person as soon as practicable after the end of a particular period; and (c) before the end of that period, a restraining order is made covering the material, then— (d) if the restraining order directs the Administrator to take custody and control of the material—the responsible custodian must arrange for the material to be given to the Administrator in accordance with the restraining order; or (e) if the court that made the restraining order has made an order under subsection (3) in relation to the material—the responsible custodian must arrange for the material to be kept until it is dealt with in accordance with another provision of this Act. (2) If— (a) material liable to seizure under this Act has been seized under a search warrant, or under Subdivision 3, on the ground that a person believes on reasonable grounds that it is tainted property; and (b) a restraining order is made in relation to the material; and (c) at the time when the restraining order is made, the material is in the possession of the responsible custodian, the responsible custodian of the material may apply to the court that made the restraining order for an order that the responsible custodian retain possession of the material. (3) The court may, if satisfied that there are reasonable grounds for believing that the material may afford evidence as to the commission of an offence, make an order that the responsible custodian may retain the material for so long as the material is required as evidence as to the commission of that offence. (4) A witness who is giving evidence relating to an application for an order under subsection (2) is not required to answer a question or produce a document if the court is satisfied that the answer or document may prejudice the investigation of, or the prosecution of a person for, an offence. 188—Effect of refusing applications for restraining orders or forfeiture orders If— (a) material liable to seizure under this Act has been seized under a search warrant, or under Subdivision 3, on the ground that a person believes on reasonable grounds that it is tainted property; and (b) an application is made for a restraining order or a forfeiture order that would cover the material; and (c) the application is refused; and (d) at the time when the application is refused, the material is in the possession of the responsible custodian, the responsible custodian must arrange for the material to be returned to the person from whose possession it was seized as soon as practicable after the refusal. Subdivision 5—Miscellaneous 189—Making false statements in applications A person who makes a false or misleading statement (whether orally, in a document or in any other way) in, or in connection with, an application for a search warrant is guilty of an offence.