NSWIn ForceAct
Criminal Assets Recovery Act 1990
33Making of production order
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#### 33 Making of production order
33 Making of production order
> > (1) If an authorised officer has reasonable grounds for suspecting that a person has possession or control of a property-tracking document, or property-tracking documents, the authorised officer may—
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> > > (a) lay before the Supreme Court an information on oath setting out those grounds, and
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> > > (b) apply to the Court, ex parte, for a production order against the person suspected of having possession or control of the document or documents.
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> > (2) The Supreme Court may order the person against whom an application for a production order is made under subsection (1)—
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> > > (a) except in the case of bankers’ books, to produce to an authorised officer at a specified time, or between specified times, and at a specified place any property-tracking documents that are in the person’s possession or control, or
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> > > (b) to make available to an authorised officer, for inspection at a specified time or times, or between specified times, at the place at which they are kept, any property-tracking documents that are in the person’s possession or control.
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> > (2A) A requirement to produce a document that is in electronic form, or to make any such document available for inspection, includes a requirement to produce, or make available, a hard copy form of the document, including the generation of reports or the extraction of data.
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> > (3) In this section—
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> > bankers’ books means any accounting records of a bank used in its ordinary business of banking, and includes ledgers, day-books, cash-books and account books.
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> **s 33:** Am 1997 No 68, Sch 1 \[52\] \[53\]; 2005 No 32, Sch 1 \[41\].