Proceeds of Crime Act 2002

Schedule 1 - Information gathering by participating States and self-governing Territories  

Note:

See section 14M .

PART 2 - NOTICES TO FINANCIAL INSTITUTIONS  

SECTION 12   Giving notices to financial institutions  

12(1)    
An official specified in subclause (3) of a *participating State or *self-governing Territory may give a written notice to a *financial institution requiring the institution to provide to an *authorised State/Territory officer of the participating State or the Territory 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);

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

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

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

12(2)    
The official must not issue the notice unless the official reasonably believes that giving the notice is required:

(a) to determine whether to take any action under the *unexplained wealth legislation of the State or Territory; or

(b) in relation to proceedings under the unexplained wealth legislation of the State or Territory.

12(3)    
The officials of a *participating State or *self-governing Territory who may give a notice to a *financial institution are:

(a) the Commissioner or head (however described) of the police force or police service of the State or Territory; or

(b) the Director of Public Prosecutions, or a person performing a similar function, appointed under a law of the State or Territory; or

(c) if New South Wales is a participating State - the Commissioner and Assistant Commissioners of the New South Wales Crimes Commission; or

(d) for a self-governing Territory - a person of a kind prescribed by the regulations in relation to the Territory.