Search and Surveillance Bill

  • enacted
37 Form and content of examination order
  • (1) An examination order made under section 36 must be in the prescribed form form, if any, and must require the person against whom it is made—

    • (a) to attend before the Commissioner or a delegate of the Commissioner; and

    • (b) to answer any questions that are relevant to the information in respect of which the order was made.

    (2) The examination order must set out the following:

    • (a) the name of the person required to comply with the order:

    • (b) the grounds on which the order is made:

    • (c) the nature of the questions that the person is to be asked, being questions that are relevant to the information in respect of which the order was made:

    • (d) if the examination is to be conducted by a delegate of the Commissioner, the name of the delegate:

    • (da) a condition that, in accordance with section 40A, an examination order report must be provided within 1 month after the completion of the examination conducted under the order to the Judge who made the order or, if that Judge is unable to act, to a Judge of the same court as the Judge who made the order:

    • (db) any requirement that the Judge making the order considers reasonable for inclusion of specified information in the examination order report provided under section 40A:

    • (e) where the examination is to take place:

    • (f) when the examination is to take place or how a time for the examination is to be fixed.