Monitoring orders and suspension orders, making
68 Monitoring orders and suspension orders, making
The court may order a financial institution to give information about all transactions carried out through an account held with the institution by a person named in the order to —
the DPP or a police officer, if the DPP applied for the order; or
the CCC, if the CCC applied for the order.
The court may order a financial institution —
to notify the following persons immediately of any transaction that has been initiated in connection with an account held with the institution by a person named in the order —
the DPP or a police officer, if the DPP applied for the order;
the CCC, if the CCC applied for the order;
and
to notify the following persons immediately if there are reasonable grounds for suspecting that a transaction is about to be initiated in connection with the account —
the DPP or a police officer, if the DPP applied for the order;
the CCC, if the CCC applied for the order;
and
to refrain from completing or effecting the transaction for 48 hours.
The court may make a monitoring order or suspension order if there are reasonable grounds for suspecting that the named person —
has been, or is about to be, involved in the commission of a confiscation 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 confiscation offence.
A monitoring order or suspension order applies to all transactions carried out or to be carried out through the bank account during the monitoring period or suspension period specified in the order.
The monitoring order or 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 or suspension period —
is not to commence earlier than the day on which notice of the order is served on the financial institution; and
is not to end more than 3 months after the date of the order.
[Section 68 amended: No. 10 of 2018 s. 56.]
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