Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Authority may apply to Magistrates' Court for production order

    (1)     The Authority may apply to the Magistrates' Court for an order requiring a person to produce records relating to a particular pre‑1988 donor treatment procedure if—

        (a)     the Authority requested the person under section 56B to provide records relating to that donor treatment procedure; and

        (b)     the person, within 90 days of the Authority giving the request—

              (i)     did not provide the requested records; or

              (ii)     did not provide all the requested records; and

        (c)     the Authority believes on reasonable grounds that the person is in possession of or has control of the requested records.

    (2)     The Authority may make an application under subsection (1) whether or not the person has made a declaration under section 56B(5) stating that the person is not in possession of or does not have control of the records.

    (3)     An application under subsection (1) must be—

        (a)     supported by an affidavit made on behalf of the Authority stating—

              (i)     the particulars of the request that the Authority has made under section 56B; and

              (ii)     whether the person complied with any part of the request under section 56B; and

              (iii)     the grounds on which the Authority considers that the person against whom the order is sought is in possession of or has control of the records that are the subject of the request; and

        (b)     accompanied by any declaration made by the person under section 56B(5).

    (4)     As soon as practicable after the Authority makes an application under subsection (1), the Authority must serve a copy of the application and the supporting affidavit on the person against whom the production order is sought.

S. 56E inserted by No. 6/2016 s. 15.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback