Australian Capital Territory Repealed Acts

This legislation has been repealed.

PROCEEDS OF CRIME ACT 1991 NO 103 (REPEALED) - SECT 64

    (1)         Where—

        (a)     a person has been convicted of an indictable offence and a police officer suspects, on reasonable grounds, that a person has possession or control of a property-tracking document in relation to the offence; or

        (b)     a police officer suspects, on reasonable grounds, that—

              (i)     a person has committed an indictable offence; and

              (ii)     a person has possession or control of a property-tracking document in relation to the offence;

the police officer may—

        (c)     lay before a judge of the Supreme Court an information on oath setting out those grounds; and

        (d)     apply to the judge for an order under subsection (4) against the person suspected of having possession or control of the document.

    (2)         Where a police officer applying for an order under this section in respect of an offence includes in the information under subsection (1) information on oath that the officer believes, on reasonable grounds, that—

        (a)     if the offence is an ordinary indictable offence—

              (i)     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

              (ii)     property specified in the information is subject to the effective control of the person; or

        (b)     if the offence is a serious offence—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.

    (3)         In determining whether to treat a document, under subsection (2), as a property-tracking document in relation to an offence, the judge may have regard to the matters referred to in section 10 (2).

    (4)         Where an application is made under subsection (1) for an order against a person, the judge may, subject to subsections (5) and (6), make an order that the person—

        (a)     produce to a police officer any documents of the kind referred to in subsection (1) that are in the person's possession or control; or

        (b)     make available to a police officer, for inspection, any documents of that kind that are in the person's possession or control.

    (5)         An order under subsection (4) (a) shall not be made in respect of bankers' books.

    (6)         A judge shall not make an order under this section unless—

        (a)     the informant or some other person has given the judge, either orally or by affidavit, such information (if any) as the judge requires concerning the grounds on which the order is sought; and

        (b)     the judge is satisfied that there are reasonable grounds for making the order.

    (7)         An order that a person produce a document or documents to a police officer shall specify the time when and the place where the document is or the documents are to be produced.

    (8)         An order that a person make a document or documents available to a police officer for inspection shall specify the time or times when the document is or the documents are to be made available.

    (9)         Where a document is produced to a police officer under an order under this section, the police officer may do any 1 or more of the following:

        (a)     inspect the document;

        (b)     take extracts from the document;

        (c)     make copies of the document;

        (d)     retain the document if, and for so long as, retention of the document is reasonably necessary for this Act.

    (10)         Where a document is made available to a police officer for inspection under an order under this section, the police officer may do any 1 or more of the following:

        (a)     inspect the document;

        (b)     take extracts from the document;

        (c)     make copies of the document.

    (11)         Where a police officer retains a document under an order under this section, the police officer shall, on request by the person to whom the order was addressed—

        (a)     give the person a copy of the document certified by the police officer in writing to be a true copy of the document; and

        (b)     unless the person has received a copy of the document under paragraph (a)—permit the person to do any 1 or more of the following:

              (i)     inspect the document;

              (ii)     take extracts from the document;

              (iii)     make copies of the document.

    (12)         A person is not excused from producing or making available a document when required to do so by an order under this section on the ground that—

        (a)     the production or making available of the document might tend to incriminate the person or make the person liable to a penalty; or

        (b)     the production or making available of the document would be in breach of an obligation arising under a Territory law (whether imposed by enactment or otherwise) of the person not to disclose the existence or contents of the document.

    (13)         Where a person produces or makes available a document under an order under this section, the production or making available of the document, or any information, document or thing obtained as a direct or indirect consequence of the production or making available of the document, is not admissible against the person in any criminal proceedings except a proceeding for an offence against section 66 (1).

    (14)         For subsection (13), proceedings on an application for a restraining order, a forfeiture order or a pecuniary penalty order are not criminal proceedings.

    (15)         In this section:

"bankers' books" means any accounting records used in the ordinary business of banking, and includes ledgers, daybooks, cashbooks and account books.