Production Orders

Question 1

What is a production order?

Answer 1

Made under section 74 of the S&S Act

Requires a person or organisation to produce documents to law enforcement agencies as evidential material of a specified offence

Issues by issuing officers

Question 2

Difference between production order and search warrant?

Answer 2

Compliance cost for production order

Production order less disruptive and intrusive

Question 3

Duration of a production order?

Answer 3

For period specified in the order not exceeding 30 days after the date in which the order is made (section 76)

Question 4

s71(1)?

Answer 4

Any enforcement officer may apply to an issuing officer for a production order

Question 5

Matters the district approver must consider before granting approval to apply for production orders?

Answer 5

• Grounds for applying are met
• will be advantageous to the investigation
• offences under investigation or sufficiently serious to justify
• information sought is not unreasonable or unnecessary (particularly if the information sought is forward looking)

Question 6

How to get a production order for a media organisation?

Answer 6

Must obtain approval from Police exec member eg PNHQ or district commander

Must follow the specific guidelines in the polo e manual for POs for media

Question 7

What are the grounds for applying for a production order?

Answer 7

Suspect an offence has is or will be committed

Believe the documents requested in the order:

1. Constitute evidential material in respect of that offence
2. Are in the possession or control of the person or business against whom the order is sought or will come in to their possession or control while the order is in force

Question 8

In what circumstances will an issuing officer allow oral applications for a production order:

Answer 8

If satisfied that written application would delay and compromise effectiveness of search

The question of whether one should be granted can be properly determined in oral communication

All information required is supplied

Applicant must complete the application form capturing the discussion ASAP and within 24hours

Question 9

Using hearsay evidence in production orders?

Answer 9

Can be used if highly reliable (eg a reliable informant or the information has been confirmed by other means)