sec.190Making of production orders

### sec.190 Making of production orders The Supreme Court judge may make a production order only if satisfied there are reasonable grounds for suspecting the person possesses a document that may be a property tracking document relating to the confiscation offence or serious crime related activity mentioned in the application. If the application includes information that the police officer reasonably suspects that— the person who was found guilty of the offence, or who is suspected of having committed the offence, derived a benefit from the commission of the offence; and property specified in the information is subject to the effective control of the person; the judge may treat any document relevant to identifying, locating or quantifying that property as a property tracking document in relation to the offence for this section. If an application relating to a serious crime related activity includes information that the police officer reasonably suspects— the person who is suspected of having engaged in the serious crime related activity derived a benefit from the person’s illegal activity; and the property specified in the information is subject to the effective control of the person; the judge may treat any document relevant to identifying, locating or quantifying that property as a property tracking document in relation to the serious crime related activity for this section. In deciding whether to treat a document as a property tracking document under subsection (2) or (3) , the judge may have regard to the matters mentioned— for subsection (2) , in the Confiscation Act , section 187 ; or for subsection (3) , in the Confiscation Act , section 82 or 89L . s 190 amd 2002 No. 68 s 329 ; 2013 No. 21 s 69 (sec.190-ssec.1) The Supreme Court judge may make a production order only if satisfied there are reasonable grounds for suspecting the person possesses a document that may be a property tracking document relating to the confiscation offence or serious crime related activity mentioned in the application. (sec.190-ssec.2) If the application includes information that the police officer reasonably suspects that— the person who was found guilty of the offence, or who is suspected of having committed the offence, derived a benefit from the commission of the offence; and property specified in the information is subject to the effective control of the person; the judge may treat any document relevant to identifying, locating or quantifying that property as a property tracking document in relation to the offence for this section. (sec.190-ssec.3) If an application relating to a serious crime related activity includes information that the police officer reasonably suspects— the person who is suspected of having engaged in the serious crime related activity derived a benefit from the person’s illegal activity; and the property specified in the information is subject to the effective control of the person; the judge may treat any document relevant to identifying, locating or quantifying that property as a property tracking document in relation to the serious crime related activity for this section. (sec.190-ssec.4) In deciding whether to treat a document as a property tracking document under subsection (2) or (3) , the judge may have regard to the matters mentioned— for subsection (2) , in the Confiscation Act , section 187 ; or for subsection (3) , in the Confiscation Act , section 82 or 89L . - (a) the person who was found guilty of the offence, or who is suspected of having committed the offence, derived a benefit from the commission of the offence; and - (b) property specified in the information is subject to the effective control of the person; - (a) the person who is suspected of having engaged in the serious crime related activity derived a benefit from the person’s illegal activity; and - (b) the property specified in the information is subject to the effective control of the person; - (a) for subsection (2) , in the Confiscation Act , section 187 ; or - (b) for subsection (3) , in the Confiscation Act , section 82 or 89L .