Unexplained Wealth (Commonwealth Powers) Act 2018

An official specified in subclause (3) of a *participating State or *self-governing Territory may give a written notice to a *financial institution requiring the institution to provide to an *authorised State/Territory officer of the participating State or the Territory any information or documents relevant to any one or more of the following—

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

determining whether a particular person is or was a signatory to an account;

if a person holds an account with the institution, the current balance of the account;

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

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

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

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

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

The official must not issue the notice unless the official reasonably believes that giving the notice is required—

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

in relation to proceedings under the unexplained wealth legislation of the State or Territory.

The officials of a *participating State or *self-governing Territory who may give a notice to a *financial institution are—

the Commissioner or head (however described) of the police force or police service of the State or Territory; or

the Director of Public Prosecutions, or a person performing a similar function, appointed under a law of the State or Territory; or

if New South Wales is a participating State—the Commissioner and Assistant Commissioners of the New South Wales Crimes Commission; or

for a self-governing Territory—a person of a kind prescribed by the regulations in relation to the Territory.