Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 74A

74A Notice to produce for confiscation related investigation

(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.

Penalty—

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is made, the commission officer is required to consider the claim under section 78B and, if the requirement is not withdrawn, the chairperson may apply to a Supreme Court judge to decide the claim.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 .