Monitoring and suspension orders
29 Monitoring and suspension orders
The court that is hearing an application under section 28 may order a financial institution to give to the DPP or a police officer information about any or all transactions carried out through an account held with the institution by a person named in the order.
The court that is hearing an application under section 28 may order a financial institution:
to notify the DPP or a police officer immediately of any transaction that has been initiated in connection with an account held with the institution by a person named in the order; and
to notify the DPP or a police officer immediately if there are reasonable grounds for suspecting that a transaction is about to be initiated in connection with the account; and
to refrain from completing or effecting the transaction for
48 hours.
The court may make a monitoring order or a suspension order if there are reasonable grounds for suspecting that the person named in the order:
has been, or is about to be, involved in the commission of a forfeiture offence; or
has acquired, or is about to acquire, directly or indirectly, any crime-derived property; or
has benefited, or is about to benefit, directly or indirectly, from the commission of a forfeiture offence.
A monitoring order or a suspension order applies to all transactions carried out or to be carried out through the specified account during the monitoring period or suspension period specified in the order.
A monitoring order or a suspension order must specify:
the financial institution to which the order applies; and
the name or names in which the account is believed to be held;
and
the class of information that the institution is required to give; and
the manner in which the information is to be given; and
the monitoring period or suspension period in accordance with subsection (6).
The monitoring period of a monitoring order or suspension period of a suspension order:
is not to commence earlier than the day on which notice of the order is served on the financial institution; and
is to end not more than 3 months after the date of the order.
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