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s 54

Financial institutions may be required to give information

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Part 5Investigation and search
Division 1Preliminary inquiries

54 Financial institutions may be required to give information

(1)

For the purposes of any proceedings under this Act, or for the purposes of deciding whether to apply for a freezing notice, or for any order, declaration or warrant under this Act, the DPP, a police officer or an authorised CCC officer may require a financial institution to do any or all of the following —

(a)

give information about whether a person described in the requirement holds an account with the institution;

(b)

give information about whether or not an account described in the requirement is held with the institution;

(c)

identify an account held with the institution;

(d)

identify the holder of an account held with the institution;

(e)

give information about the existence of any other kind of transaction between the institution and a person described in the requirement;

(f)

if a transaction referred to in paragraph (e) has taken place, is taking place or is to take place — give prescribed particulars of the transaction.

(1A)

Without limiting subsection (1), an authorised CCC officer may require a financial institution to do any or all of the actions set out in subsection (1)(a) to (f) for the purposes of any of the following —

(a)

any proceeding under the Corruption, Crime and Misconduct Act 2003 that relates to the performance of the CCC’s functions under section 21AD of that Act;

(b)

assisting the CCC to decide whether to make an examination order under this Act;

(c)

assisting the CCC to decide whether to apply for, or make, any order under the Corruption, Crime and Misconduct Act 2003 that relates to the performance of the CCC’s functions under section 21AD of that Act.

(2)

A requirement must —

(a)

be in writing served on the institution; and

(b)

specify the information required.

(3)

Service of the requirement on the institution may be effected by properly addressed email or fax, or by any other means provided by section 76 of the Interpretation Act 1984.

(4)

The financial institution must comply with the requirement.

Penalty: $500 000.

[Section 54 amended: No. 10 of 2018 s. 45.]

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