Production Notices

This file last saved 12 August, 2019 16:45

    definitiion

  1. A production notice is a document authorising a police officer to obtain stated documents from a cash dealer which might provide evidence of the commssion of an offence or of suspicious financial activity. The police officer, may, instead of applying for a search warrant, apply to a magistrate or justice to issue a production notice.

    2. powers of the production notice

  2. The production notice requires the cash dealer to produce the stated documents to an officer at a time and place nominated by police. Under a production notice a police officer has the powers to:
    1. inspect the document;
    2. take extracts from the document;
    3. make copies of the document; and/or
    4. seize the document.

    application

  3. The application must be sworn or affirmed by the officer and contains information required to substantiate the issuing of the productionnotice, such as details of the suspected offence, the name of the cash dealer, the type of document/s sought and a statement indicating that the cash dealer is not a party to the offense.

    4. production notice

  4. the production notice is an approved, prescribed form, in two parts.
    1. The Application must be sworn or affirmed by the officer and contains information required to substantiate the issue of production notice, such as details of the suspected offence, the name of the cash dealer, the type of document(s) south and a statement indicating that the cash dealer is not a party to the offence.
    2. The Production Notice gives details of the cash dealer, details of the suspected offence and the type of document(s) required to be produced to a police officer within a stated time and at a stated place.

    parties involved

  5. The parties involved are:
    1. applicant - the police office applying for the production notice.
    2. JP(Qual) - who issues the production notice.
    3. Cash dealer - the entity on which the production notice is to be served.

    reasonable grounds

  6. Before issuing the production notice, you must be atisfied there are reasonable grounds in the application for suspecting the documents in the possession of the cash dealer may be evidence of the commission of an offence or confiscation related evidence and that the cash dealer is not a party to the offence.

    7. steps

  7. When approached to issue a production notice, you should:
    1. Ask the applicant for some form of identification
    2. Immediately place the applicant on oath or affirmation
    3. Read the entire application carefully to ensure it provides:
      1. the applicant's name, rank, registered number and station;
      2. the name of the cash dealer to be given the notice;<
      3. a brief description of the offence the application relates to;
      4. the nature of the documents sought;
      5. information or evidence relied on to support the suspicion the documents are with the cash dealer;
      6. a statement the cash dealer is not a party to the offence;
      7. full history of any previous production notices issued in the past year.
    4. Ask the applicant any questions that are need to clarify why a production notice is necessary. Keep a record of any further information provided to you under oath or affirmation in case it is required for future reference.
    5. If you are satisfied the production notice is justified, have the applicant sign the application, reminding them that they are under oath or affirmation.
    6. Witness the applican't signature by signing the application, affixing your seal and entering your registration number.
    7. You are advised to retain the original of the application and keep it in a secure place. While there is no legislative requirement for you to retain the application it is best practice to do so, as in the case of a search warrant.
    8. There is no requirement for you to copy or to retain a copy of the production notice
    9. Complete the production notice and check to ensure it includes:
      1. the applicant's name and station;
      2. name and address of the cash dealer;
      3. a description of the documents sought; and
      4. a place, time and date the documens are required to be produced.
    10. Insert your full name on the first page of the production notice.
    11. Sign the production notice, affix your seal and enter your registration number
    12. enter the details in your log book.

    References

    1. The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government Jun 2017
    2. Justices Act (Queensland) 1886
    3. Police Powers and Responsibilities Act 2000 (Queensland)
    4. Justices of the Peace and Commissioners for Declaration Act 1991 (Queensland)
    5. Technical Bulletin 03/17