58Notices to produce

58 Notices to produce

(1) This section applies if the Commissioner has reasonable grounds to suspect that a person has information, or a document or thing, relevant to a corruption investigation. (2) The Commissioner may, by notice in writing, require the person to give the information, document or thing to a specified staff member of the NACC.

Note: Disclosing the existence of a notice, or any information about it, may be prohibited: see Subdivision A of Division 4 (use and disclosure of certain information and material).

(3) The notice is a notice to produce. (4) If the notice is a post‑charge or a post‑confiscation application notice, the Commissioner must also have reasonable grounds to suspect that the information, documents or things are necessary for the purposes of the investigation even though: (a) the person has been charged or the confiscation proceeding has commenced; or (b) that charge or proceeding is imminent. (5) The notice: (a) must: (i) be served on the person; and (ii) be signed by the Commissioner; and (iii) specify the period within which, and the manner in which, the person must comply with the notice; and (b) may require information be given in writing. (6) The matters in relation to which the Commissioner may require the person to give the information, document or thing include: (a) the subject matter of any charge, or imminent charge, against the person; and (b) the subject matter of any confiscation proceeding, or imminent confiscation proceeding, against the person. (7) The Commissioner may serve the notice without holding a hearing.