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 13   Contents of notices to financial institutions  

13(1)    
The notice must:

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

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

(ii) in relation to proceedings under the unexplained wealth legislation of the State or Territory; 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 official); 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 official giving the notice believes that it is appropriate, having regard to the matters specified in subclause (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 clause 16 (disclosing existence or nature of a notice); and

(g) set out the effect of clause 17 (failing to comply with a notice).

13(2)    
The matters to which the official 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.