Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 197B

197B Giving notice to financial institution

(1) This section applies if a senior police officer—

(a) reasonably suspects an offence has been committed, is being committed, or is about to be committed; and

(b) reasonably believes the advice sought in a notice under this section is required for—

(i) investigating the offence; or

(ii) commencing proceedings against a person for the offence; or

(iii) taking steps reasonably necessary to prevent the commission of the offence.

(2) A senior police officer may give a written notice to a financial institution stating a name and requiring the institution to advise the police officer—

(a) whether a person of the stated name is authorised, or was authorised at any time, to operate an account held with the financial institution; and

(b) if so, the name in which the account is or was held and the account number.

(3) Also, a senior police officer may give a written notice to a financial institution stating a number and requiring the institution to advise the police officer—

(a) whether an account with the stated number is held, or was held at any time, with the financial institution; and

(b) if so, the name in which the account is or was held and the name of any person who is or was authorised to operate the account.

(4) A notice under subsection (2) or (3) must also state each of the following—

(a) the name and contact details of the senior police officer giving the notice;

(b) that the police officer has the reasonable suspicion and belief required to give the notice under subsection (1) ;

(c) that the financial institution must comply with the notice within a stated reasonable period;

(d) how and to whom the advice must be given;

(e) a description of the offence under section 197D .

(5) The notice may state any other details that may help the financial institution identify an account.

(6) The same notice may be given—

(a) about more than 1 name or account number; and

(b) to more than 1 financial institution.

(7) When giving a notice under this section, the senior police officer giving the notice must make a written record of the reasons the officer has the reasonable suspicion and belief required to give the notice under subsection (1) .