487.016

Production order — transmission data

487.016 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to prepare and produce a document containing transmission data that is in their possession or control when they receive the order.

Conditions for making order

(2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that

(a) an offence has been or will be committed under this or any other Act of Parliament; and

(b) the transmission data is in the person’s possession or control and will assist in the investigation of the offence.

Form

(3) The order is to be in Form 5.007.

Limitation

(4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.

Annotations

  • Part XV