Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PROCEEDS OF CRIME ACT 2002 - SECT 213

Giving notices to financial institutions

             (1)  An officer specified in subsection (3) may give a written notice to a * financial institution requiring the institution to provide to an * authorised officer any information or documents relevant to any one or more of the following:

                     (a)  determining whether an * account is or was held by a specified person with the financial institution;

                     (b)  determining whether a particular person is or was a signatory to an account;

                     (c)  if a person holds an account with the institution, the current balance of the account;

                     (d)  details of transactions on an account over a specified period of up to 6 months;

                     (e)  details of any related accounts (including names of those who hold or held those accounts);

                    (ea)  determining whether a * stored value card was issued to a specified person by a financial institution;

                   (eb)  details of transactions made using such a card over a specified period of up to 6 months;

                      (f)  a transaction conducted by the financial institution on behalf of a specified person.

             (2)  The officer must not issue the notice unless the officer reasonably believes that giving the notice is required:

                     (a)  to determine whether to take any action under this Act; or

                     (b)  in relation to proceedings under this Act.

             (3)  The officers who may give a notice to a * financial institution are:

                     (a)  the Commissioner of the Australian Federal Police; or

                     (b)  a Deputy Commissioner of the Australian Federal Police; or

                     (c)  a senior executive AFP employee (within the meaning of the Australian Federal Police Act 1979 ) who is a member of the Australian Federal Police and who is authorised in writing by the Commissioner for the purposes of this section; or

                    (ca)  the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006 ); or

                     (d)  the Chief Executive Officer of the Australian Crime Commission; or

                     (e)  an examiner (within the meaning of the Australian Crime Commission Act 2002 ); or

                      (f)  the Commissioner of Taxation; or

                     (g)  the Chief Executive Officer of Customs; or

                     (h)  the Chairperson of the Australian Securities and Investments Commission.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback