(3) The right referred to in subsection (2) is enforceable by action in detinue in a court of competent jurisdiction. Division 6—Document requests Pt 13 Div. 6 (Heading and ss inserted by No. 63/2003 s. 31. S. 120A 120A Document request relating to maintenance and (Heading) management of property substituted by No. 27/2016 s. 23. S. 120A (1) If, under a memorandum of understanding entered inserted by into under section 78A, the Secretary has No. 63/2003 s. 31, responsibility for property, the Secretary may amended by request any person whom the Secretary believes No. 68/2010 s. 29(1) (ILA has possession or control of documents that relate s. 39B(1)). to the maintenance and management of that property to produce those documents to the Secretary. (2) A prescribed person may request any person S. 120A(2) inserted by whom the prescribed person believes has Nos 68/2010 possession or control of documents that relate to s. 29(1), 79/2014 s. 36. the maintenance and management of property in respect of which a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order has been made or that has been forfeited under this Act to produce those documents to the prescribed person. (3) A request under subsection (1) or (2) may be S. 120A(3) inserted by made only if the person making the request No. 68/2010 reasonably believes that production of the s. 29(1). documents is necessary for the purpose of maintaining and managing the property.
(3) The right referred to in subsection (2) is enforceable by action in detinue in a court of competent jurisdiction. Pt 13 Div. 6 (Heading and ss inserted by No. 63/2003 s. 31. Division 6—Document requests S. 120A (Heading) substituted by No. 27/2016 s. 23. S. 120A inserted by No. 63/2003 s. 31, amended by No. 68/2010 s. 29(1) (ILA s. 39B(1)). 120A Document request relating to maintenance and management of property (1) If, under a memorandum of understanding entered into under section 78A, the Secretary has responsibility for property, the Secretary may request any person whom the Secretary believes has possession or control of documents that relate to the maintenance and management of that property to produce those documents to the Secretary. S. 120A(2) inserted by Nos 68/2010 s. 29(1), 79/2014 s. 36. (2) A prescribed person may request any person whom the prescribed person believes has possession or control of documents that relate to the maintenance and management of property in respect of which a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order has been made or that has been forfeited under this Act to produce those documents to the prescribed person. S. 120A(3) inserted by No. 68/2010 s. 29(1). (3) A request under subsection (1) or (2) may be made only if the person making the request reasonably believes that production of the documents is necessary for the purpose of maintaining and managing the property.
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