Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-4 - MONITORING ORDERS  

SECTION 219   Making monitoring orders  

219(1)    

A judge of a court of a State or Territory that has jurisdiction to deal with criminal matters on indictment may make an order (a monitoring order ) that a *financial institution provide information about transactions:

(a) conducted during a particular period through an *account held by a particular person with the institution; or

(b) made using a *stored value card issued to a particular person by a financial institution.

219(2)    
The judge must not make a * monitoring order unless the judge is satisfied that there are reasonable grounds for suspecting that:

(a) the person who holds the *account or to whom the *stored value card was issued:

(i) has committed, or is about to commit, a * serious offence; or

(ii) was involved in the commission, or is about to be involved in the commission, of a serious offence; or

(iii) has * benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a serious offence; or

(b) the account or card is being used to commit an offence against Part 10.2 of the Criminal Code (money laundering).

219(3)    

It does not matter, for the purposes of paragraph (2)(b), whether the person holding the account or to whom the card was issued commits or is involved in the offence against Part 10.2 of the Criminal Code .

219(4)    
The * monitoring order can only be made on application by an * authorised officer of an * enforcement agency.