Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-3 - NOTICES TO FINANCIAL INSTITUTIONS  

SECTION 214   Contents of notices to financial institutions  

214(1)    
The notice must:


(a) state that the officer giving the notice believes that the notice is required:


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

(ii) in relation to proceedings under this Act;
(as the case requires); and


(b) specify the name of the * financial institution; and


(c) specify the kind of information or documents required to be provided; and


(d) specify the form and manner in which that information or those documents are to be provided, having regard to the record-keeping capabilities of the financial institution (to the extent known to the officer); and


(e) specify that the information or documents must be provided no later than:


(i) 14 days after the giving of the notice; or

(ii) if the officer giving the notice believes that it is appropriate, having regard to the matters specified in subsection (2), to specify an earlier day that is at least 3 days after the giving of the notice - that earlier day; and


(f) if the notice specifies that information about the notice must not be disclosed - set out the effect of section 217 (disclosing existence or nature of a notice); and


(g) set out the effect of section 218 (failing to comply with a notice).


214(2)    


The matters to which the officer giving the notice must have regard in deciding whether to specify an earlier day under subparagraph (1)(e)(ii) are:


(a) the urgency of the situation; and


(b) any hardship that may be caused to the *financial institution required by the notice to provide the information or documents.





This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.