(1) Where—
(a) a person has been convicted of a criminal conduct and a police officer has reasonable grounds for suspecting that a person has possession or control of— (Amended by Act 4 of 2010)
(i) a document relevant to identifying, locating or quantifying property of the person who committed the offence or to identifying or locating a document necessary for the transfer of property of the person who committed the offence,
(ii) a document relevant to identifying, locating or quantifying tainted property in relation to the offence or to identifying or locating a document necessary for the transfer of tainted property in relation to the offence; or
(b) a police officer has reasonable grounds for suspecting that a person has committed a criminal conduct and that a person has possession or control of any document referred to in paragraph (a), (Amended by Act 4 of 2010)
the police officer may apply to a judge in chambers in accordance with subsection (2) for an order under subsection (5) against the person suspected of having possession or control of a document of the kind referred to in paragraph (b).
(2) An application under subsection (1) shall be made ex parte and shall be in writing and be accompanied by an affidavit.
(3) Where a police officer applies for an order under subsection (5) in respect of a criminal conduct and includes in the affidavit a statement to the effect that the officer has reasonable grounds to believe that— (Amended by Act 4 of 2010)
(a) the person who was convicted of the offence or who is believed to have committed the offence, derived a benefit directly or indirectly from the commission of the offence; and
(b) property specified in the affidavit is subject to the effective control of the person referred to in paragraph (a),
the judge may treat any document relevant to identifying, locating or quantifying that property as a document in respect of which an order may be issued under subsection (5).
(4) In determining whether to treat a document relevant to identifying, locating or quantifying property referred to in subsection (3) as a document in respect of which an order may be issued under subsection (5), the judge may have regard to the matters referred to in section 22(2).
(5) Where an application is made under subsection (1) for an order against a person, the judge may, subject to subsections (6) and (7) make an order requiring the person to—
(a) produce to a police officer any documents of the kind referred to in subsection (1) that are in the person's possession or control; or
(b) make available to a police officer for inspection, any documents of the kind referred to in subsection (1) that are in the person's possession or control.
(6) An order under subsection (5)(a) shall not be made in respect of accounting records used in the ordinary business of banking including ledgers, day-books, cash books and account books.
(7) A judge shall not make an order under this section unless—
(a) the applicant or some other person has given the judge, either orally or by affidavit, such information as the judge requires concerning the grounds on which the order is sought; and
(b) the judge is satisfied that there are reasonable grounds for making the order.
(8) An order that person produce a document to a police officer shall specify the time when, and the place where, the document is to be produced.
(9) An order that a person make a document available to a police officer for inspection shall specify the time when the document is to be made available.