CONFISCATION ACT 1997 - SECT 116 Monitoring orders

CONFISCATION ACT 1997 - SECT 116

S. 116(1) amended by No. 6/2018 s. 68(Sch.  2 item 26.12).

    (1)     The Supreme Court may, on an application under section 115(1), if it considers that, having regard to the matters contained in the affidavit of the applicant and to any other sworn or affirmed evidence before it, there are reasonable grounds for doing so, make a monitoring order against the financial institution.

    (2)     A monitoring order must specify—

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

        (b)     the kind of information that the financial institution is required to give; and

        (c)     the law enforcement agency to which the information is to be given; and

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

        (e)     the period during which the order is to have effect.

    (3)     A period specified under subsection (2)(e) must not commence earlier than the day on which notice of the order is given to the financial institution and must not end later than 3 months after the date of the order.

S. 116(4) amended by No. 104/2003 s. 5(6).

    (4)     If a financial institution is, or has been, subject to a monitoring order, the fact that the monitoring order has been made must be disregarded for the purposes of the application of section 194 or 195A of the Crimes Act 1958 in relation to the institution.

    (5)     When a monitoring order has been made the applicant must give written notice of its making to the financial institution against whom it is made.