New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 69

69 Making of monitoring orders

(1) The Supreme Court shall not make a monitoring order unless satisfied that there are reasonable grounds for suspecting that the person in respect of whose account the information is sought--

(a) has committed, or is about to commit, a serious drug offence, or

(b) was involved in the commission, or is about to be involved in the commission, of such an offence, or

(c) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of such an offence.

(2) A monitoring order shall specify--

(a) the name or names in which the account is believed to be held, and

(b) the kind of information that the institution is required to give, and

(c) the prescribed authority to which the information is to be given, and

(d) the manner in which the information is to be given.

(3) If a financial institution is, or has been, subject to a monitoring order, the fact that the monitoring order has been made shall be disregarded for the purposes of the application of Part 4AC of the Crimes Act 1900 in relation to the institution.

(4) A financial institution that has been given notice of a monitoring order shall not knowingly--

(a) contravene the order, or

(b) provide false or misleading information in purported compliance with the order.

: Maximum penalty--1,000 penalty units.