Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies only for a confiscation related investigation.
(2) The chairperson may, by notice (notice to produce) given to a person, require the person, within the reasonable time and in the way stated in the notice, to give an identified commission officer a stated document or thing that the chairperson believes, on reasonable grounds, is relevant to a confiscation related investigation.
(3) The notice to produce may require the immediate production of a document or thing to a stated commission officer if the chairperson believes, on reasonable grounds, that delay in the production of the document or thing may result in--
(a) its destruction, removal or concealment; or
(b) serious prejudice to the conduct of the investigation.
(4) The person must comply with the notice to produce, unless the person has a reasonable excuse.
Maximum penalty--85 penalty units or 1 year's imprisonment.
(5) A person does not, by complying with the notice to produce in relation to the document or thing--
(a) contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the document or thing; or
(b) incur any civil liability in relation to the document or thing.
(6) A person who fails to comply with a notice does not commit an offence if the document or thing is subject to privilege.
Note--
If a claim of privilege is made, the commission officer is required to consider the claim under section 78B and, if the requirement is not withdrawn, the chairperson may apply to a Supreme Court judge to decide the claim.
(7) A document produced under this section is taken to have been seized under a warrant under part 2.