Giving notice to financial institution
197B Giving notice to financial institution
This section applies if a senior police officer—
reasonably suspects an offence has been committed, is being committed, or is about to be committed; and
reasonably believes the advice sought in a notice under this section is required for—
investigating the offence; or
commencing proceedings against a person for the offence; or
taking steps reasonably necessary to prevent the commission of the offence.
A senior police officer may give a written notice to a financial institution stating a name and requiring the institution to advise the police officer—
whether a person of the stated name is authorised, or was authorised at any time, to operate an account held with the financial institution; and
if so, the name in which the account is or was held and the account number.
Also, a senior police officer may give a written notice to a financial institution stating a number and requiring the institution to advise the police officer—
whether an account with the stated number is held, or was held at any time, with the financial institution; and
if so, the name in which the account is or was held and the name of any person who is or was authorised to operate the account.
A notice under subsection (2) or (3) must also state each of the following—
the name and contact details of the senior police officer giving the notice;
that the police officer has the reasonable suspicion and belief required to give the notice under subsection (1);
that the financial institution must comply with the notice within a stated reasonable period;
how and to whom the advice must be given;
a description of the offence under section 197D.
The notice may state any other details that may help the financial institution identify an account.
The same notice may be given—
about more than 1 name or account number; and
to more than 1 financial institution.
When giving a notice under this section, the senior police officer giving the notice must make a written record of the reasons the officer has the reasonable suspicion and belief required to give the notice under subsection (1).
This Act’s bill:Explanatory memorandum
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