Victorian Current Acts

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FORESTS ACT 1958 - SECT 75B

Production order to authorise production notice

    (1)     For the purpose of monitoring compliance with this Act, an authorised officer may apply to the Magistrates' Court for a production order authorising the authorised officer to give a production notice to a person if the authorised officer believes on reasonable grounds that a document is—

        (a)     relevant to compliance with this Act; and

        (b)     in the possession or control of the person.

    (2)     If the Magistrates' Court is satisfied on evidence given by the authorised officer that the order is necessary for the purpose of monitoring compliance with this Act, the Court may make a production order authorising the authorised officer to give a production notice to the person named in the order.

    (3)     A production order must specify—

        (a)     the person to whom the production notice is to be given; and

        (b)     the document to be produced, which may be specified by description or class; and

        (c)     a day, not later than 30 days after the order is made, on which the order expires; and

        (d)     any other matter the Court considers appropriate.

    (4)     If an authorised officer gives a production notice under a production order, the authorised officer must notify the Court in writing of the time and place that the production notice was given to the person named in the order as soon as practicable after the production notice is given to that person.

    (5)     The expiry of a production order does not affect the operation of a production notice given under that production order.

S. 75C inserted by No. 24/2024 s. 22.



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