New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 58

58 Applications for production orders

(1) If--

(a) a person has been convicted of a serious offence and an authorised officer has reasonable grounds for suspecting that that or some other person has possession or control of a property-tracking document or property-tracking documents in relation to the offence, or

(b) an authorised officer has reasonable grounds for suspecting that--

(i) a person has committed a serious offence, and

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

the authorised officer may--

(c) lay before the Supreme Court an information on oath setting out those grounds, and

(d) apply to the Court for a production order against the person suspected of having possession or control of the document or documents.

(2) If an authorised officer applying for a production order in respect of an offence includes in the information under subsection (1) a statement on oath that the authorised officer has reasonable grounds to believe that--

(a) 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

(b) property specified in the information is subject to the effective control of the person,

the Supreme Court may treat any document relevant to identifying, locating or quantifying that property as a property-tracking document in relation to the offence.

(3) In determining whether to treat a document as a property-tracking document in relation to an offence, the Supreme Court may have regard to the matters referred to in section 10 (meaning of "effective control of property").