Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING

PART 3-3 - NOTICES TO FINANCIAL INSTITUTIONS

SECTION 213 Giving notices to financial institutions

213(1)
An officer specified in subsection (3) may give a written notice to a * financial institution requiring the institution to provide to an * authorised officer any information or documents relevant to any one or more of the following:

(a)

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determining whether an * account is or was held by a specified person with the financial institution;

(b)

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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)

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details of transactions on an account over a specified period of up to 6 months;

(e)

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details of any related accounts (including names of those who hold or held those accounts);

(ea)

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

(eb)

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

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

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213(2)
The officer must not issue the notice unless the officer reasonably believes that giving the notice is required:

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

(b) in relation to proceedings under this Act.

213(3)
The officers who may give a notice to a * financial institution are:

(a) the Commissioner of the Australian Federal Police; or

(b) a Deputy Commissioner of the Australian Federal Police; or

(c) a senior executive AFP employee (within the meaning of the Australian Federal Police Act 1979 ) who is a member of the Australian Federal Police and who is authorised in writing by the Commissioner for the purposes of this section; or

(ca)

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the National Anti-Corruption Commissioner (within the meaning of the National Anti-Corruption Commission Act 2022 ); or

(d)

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the Chief Executive Officer of the Australian Crime Commission; or

(e) an examiner (within the meaning of the Australian Crime Commission Act 2002 ); or

(f)

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the Commissioner of Taxation; or

(g)

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the *Comptroller-General of Customs " ; or

(h)

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the Chairperson of the Australian Securities and Investments Commission.

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History

S 213(3) amended by No 89 of 2022, s 3 and Sch 1 item 161, by substituting para (ca), effective 1 July 2023. Para (ca) formerly read:

(ca) the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006 ); or

No 89 of 2022, s 3 and Sch 2 items 26 - 29 contain the following transitional provisions:

26 Transitional - freezing and production orders under the Proceeds of Crime Act 2002
(1)
This item applies if one of the following orders, issued by a magistrate on application by the Integrity Commissioner or an authorised officer who was a staff member of the ACLEI, was in effect immediately before the transition time:
(a) a freezing order issued under subsection 15B(1) of the Proceeds of Crime Act 2002 ;
(b) a production order issued under subsection 202(1) of that Act.

(2)
The order has effect, after the transition time, as if it had been issued by the magistrate on application by an authorised officer who is a staff member of the NACC.

(3)
To avoid doubt, a reference in this item to a freezing order includes a reference to a freezing order as extended under section 15P of the Proceeds of Crime Act 2002 , or as varied under section 15Q of that Act, before the transition time.
27 Transitional - notices to financial institutions under the Proceeds of Crime Act 2002
(1)
This item applies if a day specified in a notice given by the Integrity Commissioner under subsection 213(1) of the Proceeds of Crime Act 2002 for compliance with the notice occurs after the transition time.

(2)
The notice has effect, after the transition time, as if it had been given by the National Anti-Corruption Commissioner.
28 Transitional - monitoring orders under the Proceeds of Crime Act 2002
(1)
This item applies if:
(a) the period during which transactions must have occurred specified in a monitoring order made by a judge of a court of a State or Territory under subsection 219(1) of the Proceeds of Crime Act 2002 had not ended before the transition time; and
(b) the order was made on application by the Integrity Commissioner or an authorised officer who was a staff member of the ACLEI.

(2)
The order has effect, after the transition time, as if it had been made on application by an authorised officer who is a staff member of the NACC.
29 Transitional - search warrants under the Proceeds of Crime Act 2002
(1)
This item applies if:
(a) a search warrant issued by a magistrate under section 225 of the Proceeds of Crime Act 2002 had not expired and had not been fully executed before the transition time; and
(b) the warrant had been issued on application by the Integrity Commissioner or an authorised officer who was a staff member of the ACLEI.

(2)
The warrant has effect, after the transition time, as if it had been issued by the magistrate on application by an authorised officer who is a staff member of the NACC.

S 213(3) amended by No 41 of 2015, s 3 and Sch 6 item 175, by substituting " *Comptroller-General of Customs " for " Chief Executive Officer of Customs " in para (g), effective 1 July 2015. For transitional provisions, see note under s 223(5) .

S 213(3) amended by No 4 of 2010, s 3 and Sch 1 item 133, by inserting paras (f) to (h), applicable in relation to notices given under section 213 on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.

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