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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 92 Examination orders

CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 92

Examination orders

(1)  On hearing an application under section 91 , the Supreme Court may make an order for a person to be examined under this Subdivision if satisfied that the examination is relevant to assessing whether or not the person’s, or another person’s, wealth is lawfully acquired.
(2)  An examination order may specify that the person to be examined under the examination order (the person to be examined ) must submit to an examination about one or more of the following:
(a) the wealth, liabilities, income and expenditure of a person who has, or is suspected on reasonable grounds of having, wealth that is not lawfully acquired;
(ab) the nature, location and source of property that forms, or may form, part of the wealth, liabilities, income and expenditure of a person who has, or is suspected on reasonable grounds of having, wealth that is not lawfully acquired;
(b) the nature, location and source of any property-tracking documents;
(ba) the identity of any person who may have possession, control, custody or management of –
(i) the wealth, liabilities, income and expenditure of a person who has, or is suspected on reasonable grounds of having, wealth that is not lawfully acquired; and
(ii) the wealth, liabilities, income and expenditure of the person to be examined; and
(iii) any property-tracking documents;
(c) any ancillary matters, including the wealth, liabilities, income and expenditure of the person to be examined, if relevant to assessing whether or not the person’s, or another person’s, wealth is lawfully acquired or the extent of that wealth.
(3)  An examination order may specify one or more of the following:
(a) that the person to be examined is to give to the Supreme Court any documents (including property-tracking documents) or information, in his or her possession or control, about property specified or described in the examination order;
(b) that the person to be examined is to give to the Supreme Court any documents (including property-tracking documents) or information, in his or her possession or control, about the wealth, liabilities, income or expenditure of the person specified or described in the examination order;
(c) that the person to be examined is to give to the Supreme Court any documents (including property-tracking documents) or information, in his or her possession or control, about his or her wealth, liabilities, income or expenditure if relevant to assessing whether or not the person’s, or another person’s, wealth is lawfully acquired or the extent of that wealth;
(d) that the person to be examined is to give to the Supreme Court any information in his or her possession or control that may help to locate, identify or quantify any –
(i) property, or property of a class, specified or described in the examination order; or
(ii) property-tracking documents, or other documents or information, specified or described in the examination order;
(e) that the person to be examined is to do either or both of the following:
(i) give any information, required under the examination order, by affidavit;
(ii) attend the Supreme Court for the examination;
(f) any directions, or ancillary orders, that are necessary or convenient for giving effect to the examination order or for ensuring compliance with the examination order.
(4)  Before an examination is conducted under an examination order, or in the course of the examination, the Supreme Court may do anything it considers necessary or expedient to give effect to the examination order, or to ensure compliance with the examination order, while having regard to the purpose of the examination.