New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 71B

71B Content of notices to financial institutions

(1) The notice must-

(a) state that the Commissioner of Police believes the notice is required-

(i) to determine whether to take an action under this Act, or

(ii) for proceedings under this Act, and

(b) specify the name of the financial institution, and

(c) specify the kind of information or documents required to be provided, and

(d) specify the way in which the information or documents must be provided, and

(e) specify that the information or documents must be provided no later than-

(i) 14 days after the notice is given, or

(ii) if the Commissioner of Police thinks it appropriate-another day, no earlier than 3 business days after the notice is given, specified in the notice, and

(f) if the notice specifies that information about the notice must not be disclosed-set out the offence of disclosing the existence or nature of the notice, and

(g) set out the offence of failing to comply with the notice.

(2) For subsection (1)(e)(ii), the Commissioner of Police must consider the following in deciding whether to specify a day earlier than 14 days after the notice is given-

(a) the urgency of the situation,

(b) hardship that may be caused to the financial institution in complying with the notice.

(3) A financial institution that is given a notice under section 71A may request an extension of the period within which the information or documents must be provided.

(4) The Commissioner of Police may, by further written notice on the request of the financial institution or on the Commissioner’s own initiative, vary the notice to specify that the information or documents must be provided by a later day.