Victorian Consolidated Legislation

Australian Crime Commission (State Provisions) Act 2003 - SECT 20

Power to obtain documents

20. Power to obtain documents



(1) An examiner may, by notice in writing served on a person, require the
person-

   (a)  to attend, at a time and place specified in the notice, before a
        person specified in the notice, being the examiner or a member of the
        staff of the ACC; and

   (b)  to produce at that time and place to the person so specified a
        document or thing specified in the notice, being a document or thing
        that is relevant to a special ACC operation/investigation.

(2) Before issuing a notice under subsection (1), the examiner must be
satisfied that it is reasonable in all the circumstances to do so. The
examiner must also record in writing the reasons for the issue of the notice.

(3) A notice may be issued under this section in relation to a special ACC
operation/investigation, whether or not an examination before an examiner is
being held for the purposes of the operation or investigation.

(4) A person must not refuse or fail to comply with a notice served on the
person under this section.

(5) A person who contravenes subsection (4) is guilty of an indictable offence
punishable by a fine not exceeding $22 000 or imprisonment for a period not
exceeding 5 years.

(6) The provisions of section 23(3) to (5) and (7) apply in relation to a
person who is required to produce a document or thing by a notice served on
him or her under this section in the same manner as they apply in relation to
a person who is required to produce a document or thing at an examination
before an examiner.

(7) If there is a contravention of section 23(3) as applied by subsection (6),
the provisions of section 23(6) of this Act and section 53(1) of the
Magistrates' Court Act 1989 apply to that contravention.