Search and Surveillance Act 2012

Enforcement officers' powers and orders - Production orders

75: Form and content of production order

You could also call this:

"What a production order must look like and what it must say"

A production order is a special kind of order that tells you what to do. You must follow the order if it is made against you. The order must be in a certain form and it must tell you to give certain documents to the enforcement officer who asked for the order or to someone else named in the order. If the order says so, you must also give documents that you get while the order is in force, as explained in section 71(2)(g)(ii). You have to give the documents that are in your possession or under your control.

The order must have some important information in it, like your name and why the order was made. It must also say what documents you have to give, whether you have to give them once or many times, and when and how you have to give them. The order can ask for a specific type of document or a group of documents.

If the order is made against a company or a group, it can say that a specific person is in charge of following the order for the company or group.

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74: Issuing officer may make production order, or

"A police officer or judge can order you to give them something if they think you have it and it's needed for an investigation."


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76: Duration of production order, or

"How long a production order lasts"

Part 3Enforcement officers' powers and orders
Production orders

75Form and content of production order

  1. A production order must be in the prescribed form, if any, and must require the person against whom it is made (person A)—

  2. to give the enforcement officer who applied for the order, or a person identified in the order, any documents described in the order that are in the possession or under the control of person A, and, if section 71(2)(g)(ii) applies to the order, documents described in the order that come into the possession or under the control of person A while the order is in force; and
    1. if any of those documents are not, or are no longer, in the possession or under the control of person A, to disclose, to the best of person A's knowledge or belief, the location of those documents to the enforcement officer who applied for the order or to the person identified in the order.
      1. The production order must set out the following:

      2. the name of person A:
        1. the grounds on which the order is made:
          1. the documents required to be given:
            1. whether the documents must be produced on 1 occasion only, or whether they are required to be produced on an ongoing basis for the duration of the entire order:
              1. the time by which, and the way in which, the documents must be produced.
                1. The production order may describe the documents required to be given by reference to a class or category of document.

                2. If the production order is made against a body corporate or an unincorporated body, the order may specify an individual (whether by name or by reference to a position held in the body) who is to comply with the order as the body’s representative.