Northern Territory Consolidated Acts

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CRIMINAL PROPERTY FORFEITURE ACT - SECT 29

Monitoring and suspension orders

29. Monitoring and suspension orders

(1) The court that is hearing an application under section 28 may order a financial institution to give to the DPP or a member of the Police Force information about any or all transactions carried out through an account held with the institution by a person named in the order.

(2) The court that is hearing an application under section 28 may order a financial institution -

(a) to notify the DPP or a member of the Police Force immediately of any transaction that has been initiated in connection with an account held with the institution by a person named in the order;

(b) to notify the DPP or a member of the Police Force immediately if there are reasonable grounds for suspecting that a transaction is about to be initiated in connection with the account; and

(c) to refrain from completing or effecting the transaction for 48 hours.

(3) The court may make a monitoring order or a suspension order if there are reasonable grounds for suspecting that the person named in the order -

(a) has been, or is about to be, involved in the commission of a forfeiture offence;

(b) has acquired, or is about to acquire, directly or indirectly, any crime-derived property; or

(c) has benefited, or is about to benefit, directly or indirectly, from the commission of a forfeiture offence.

(4) A monitoring order or a suspension order applies to all transactions carried out or to be carried out through the specified account during the monitoring period or suspension period specified in the order.

(5) A monitoring order or a suspension order must specify -

(a) the financial institution to which the order applies;

(b) the name or names in which the account is believed to be held;

(c) the class of information that the institution is required to give;

(d) the manner in which the information is to be given; and

(e) the monitoring period or suspension period in accordance with subsection (6).

(6) The monitoring period of a monitoring order or suspension period of a suspension order -

(a) is not to commence earlier than the day on which notice of the order is served on the financial institution; and

(b) is to end not more than 3 months after the date of the order.



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