Preliminary inquiries from financial institutions
14 Preliminary inquiries from financial institutions
For any proceedings under this Act or where there are reasonable grounds for believing that the information is necessary to decide whether to apply for any order, declaration or warrant under this
Act, the DPP or a police officer of or above the rank of
Superintendent may serve a notice or cause a notice to be served on a financial institution requiring the institution to do one or more of the following:
provide information about whether a person described in the notice holds an account with the institution;
provide information about whether or not an account described in the notice is held with the institution;
identify an account held with the institution;
identify the holder of an account held with the institution;
provide information about the existence of any other kind of transaction between the institution and a person described in the notice;
provide information about whether a person described in the notice has applied to the institution to open an account, borrow money or enter into any other type of transaction or arrangement with the institution;
if a transaction or arrangement mentioned in paragraph (e) or (f) has taken place, is taking place or is to take place – give the prescribed particulars.
In complying with a notice under subsection (1), a financial institution must provide the details in writing and must indicate the balance of any relevant account and whether the account is current or closed.
A notice under subsection (1) is to be in writing and specify the information required.
Service of the notice on the institution may be effected personally, by post, by facsimile transmission or in any other manner prescribed by the Regulations.
A financial institution that fails to comply with a requirement of a notice under subsection (1) within 7 days, or any further period that is specified in the notice, commits an offence.
Maximum penalty: 5 000 penalty units.
This provision refers to the regulations (prescribed particulars
, prescribed by the Regulations
). Made under this Act:
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.