CONFISCATION ACT 1997 - SECT 100 Application for production order
CONFISCATION ACT 1997 - SECT 100
Application for production orderS. 100(1) amended by Nos 87/2004 s. 22(2)(h), 55/2014 s. 39.
(1) In this section, "relevant offence" means a Schedule 1 offence, a Schedule 2 offence or a serious drug offence.
S. 100(2) amended by Nos 37/2014 s. 10(Sch. item 25.16), 44/2022 s. 42(2).
(2) If a person has been convicted of a relevant offence or an investigative officer believes that a person has committed a relevant offence, the investigative officer may, without notice, apply to a court for a production order against that person or another person.
(3) An application under subsection (2) must be supported by an affidavit of the applicant—
(a) stating, if a person has not been convicted of a relevant offence, that he or she believes that a person has committed a relevant offence; and
S. 100(3)(b) substituted by No. 44/2022 s. 42(3).
(b) stating that he or she believes that the person against whom the order is sought has possession or control of a property-tracking document or property-tracking documents in relation to that relevant offence or relevant to the enforcement of any of the following orders made against the person against whom the order is sought—
(i) pecuniary penalty order; or
(ii) compensation order or restitution order under Part 4 of the Sentencing Act 1991 ; and
(c) setting out the grounds on which the applicant holds those beliefs.
S. 100(3A) inserted by No. 27/2016 s. 19(1).
(3A) An application under subsection (2) may be made in person or by telephone, facsimile or other form of electronic communication.
(4) The court hearing an application under subsection (2) may require the applicant to give it any additional information that it requires concerning the grounds on which the order is sought.
S. 100(5) substituted by No. 27/2016 s. 19(2).
(5) An application under subsection (2) must be heard—
(a) out of court; or
(b) in closed court.
S. 100A inserted by No. 79/2014 s. 32.