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VICTIMS OF CRIME ASSISTANCE ACT 1976 - SECT 34 Making of production order

VICTIMS OF CRIME ASSISTANCE ACT 1976 - SECT 34

Making of production order

(1)  Subject to this section, a magistrate to whom an application under section 33 is made may make a production order against the person to whom the application relates, being an order that the person –
(a) produce to the Director any property-tracking document relating to the property of the defendant that is in the person's possession or under the person's control; or
(b) make available to the Director for inspection any property-tracking document relating to the property of the defendant that is in the person's possession or under the person's control.
(2)  The magistrate is not to make the production order unless –
(a) the Director has given the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the order is sought; and
(b) the magistrate is satisfied that there are reasonable grounds for making the order.
(3)  A production order may require that accounting records used in the ordinary course of banking, including ledgers, daybooks, cashbooks and account books, are to be made available for inspection but is not to require the production of any such records.
(4)  A production order that requires a person to produce a document to the Director is to specify the time and place at which the document is to be produced.
(5)  A production order that requires a person to make a document available for inspection by the Director is to specify the time or times at which the document is to be made available for that purpose.