Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 219

Making monitoring orders

(1) A judge of a court of a State or Territory that has jurisdiction to deal with criminal matters on indictment may make an order (a monitoring order ) that a * financial institution provide information about transactions conducted during a particular period through an * account held by a particular person with the institution. (2) The judge must not make a * monitoring order unless the judge is satisfied that there are reasonable grounds for suspecting that:

(a)
the person in respect of whose * account the information is sought:

(i)
has committed, or is about to commit, a * serious offence; or
(ii)
was involved in the commission, or is about to be involved in the commission, of a serious offence; or
(iii)
has * benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a serious offence; or
(b)
the account is being used to commit an offence against Part 10.2 of the Criminal Code (money laundering).

(3) It does not matter, for the purposes of paragraph (2)(b), whether the person holding the account in question commits or is involved in the offence against Part 10.2 of the Criminal Code . (4) The * monitoring order can only be made on application by an * authorised officer of an * enforcement agency.



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