Search and Surveillance Act 2012

Enforcement officers' powers and orders - Production orders

78: Documents produced under production order

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"What happens to documents you give to the police because of a court order"

Illustration for Search and Surveillance Act 2012

When you produce a document because of a production order, an appropriate enforcement officer can do some things. They can keep the original document if it is relevant to the investigation. They can also take copies of the document or parts of it. If necessary, they can ask you to help reproduce the information in the document in a usable form. An appropriate enforcement officer is the one who applied for the order or another officer from the same agency. The officer can ask for help from someone nominated by the chief executive of the law enforcement agency or their delegate to reproduce the information.

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Part 3Enforcement officers' powers and orders
Production orders

78Documents produced under production order

  1. When any document is produced in compliance with a production order, an appropriate enforcement officer may do any 1 or more of the following things:

  2. retain the original document produced if it is relevant to the investigation:
    1. take copies of the document, or of extracts from the document:
      1. if necessary, require the person producing the document to reproduce, or to assist any person nominated by the chief executive of the law enforcement agency concerned or by a delegate of that chief executive to reproduce, in usable form, any information recorded or stored in the document.
        1. In this section, appropriate enforcement officer, in relation to a production order, means—

        2. the enforcement officer who applied for the order; or
          1. another enforcement officer employed or engaged by the same law enforcement agency as the enforcement officer who applied for the order.
            Notes
            • Section 78(1): amended, on , by section 17(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
            • Section 78(1)(c): amended, on , by section 17(2) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
            • Section 78(2): inserted, on , by section 17(3) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).