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s 40AH

Giving notices to financial institutions

In force
Part 4Other forms of assistance to a Tribunal
Division 6Identification, tracing, and freezing or seizure, of proceeds of Tribunal offences
Subdivision DNotices to financial institutions

40AH Giving notices to financial institutions

(1)

A senior police officer 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)

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

(b)

determining whether a particular person is 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 such an account over a specified period of up to 6 months;

(e)

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

(f)

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

(2)

The senior police officer must not issue the notice unless he or she reasonably believes that giving the notice is required:

(a)

to determine whether to take any action under this Division, or under the Proceeds of Crime Act 2002 in connection with the operation of this Division; or

(b)

in relation to proceedings under this Division, or under the Proceeds of Crime Act 2002 in connection with the operation of this Division.

(3)

A senior police officer is a person covered by paragraph 213(3)(a), (b) or (c) of the Proceeds of Crime Act 2002.

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