Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 151

    (1)     This section applies if an application is made under section 149 (Monitoring orders—application) to a relevant court for a monitoring order requiring a financial institution to give a police officer information obtained or held by the institution about transactions conducted, or proposed to be conducted with the institution, by the person in relation to whom the order is sought.

    (2)     The relevant court must make the monitoring order sought if, having regard to the police officer's affidavit supporting the application and any other evidence before the court, the court is satisfied that there are reasonable grounds for the officer's suspicions stated in the affidavit.

    (3)     The order must state—

        (a)     that it is a monitoring order under this Act; and

        (b)     the financial institution to which the order applies; and

        (c)     the person in relation to whom the order is made; and

        (d)     the nature of the transactions to be monitored; and

        (e)     the information that the financial institution is required to give; and

        (f)     how the information is to be given; and

        (g)     the period for which the order has effect; and

        (h)     that the monitoring order is a non-disclosable information order.

Note     The disclosure of the existence or operation of a non-disclosable information order is prohibited (see s 192).

    (4)     The order must also include a statement setting out the effect of division 12.6 (Information order offences) in relation to monitoring orders.

    (5)     The period mentioned in subsection (3) (g) must not begin earlier than the day when notice of the order is given to the financial institution and must end not later than 3 months after the day when the order is made.

    (6)     To remove any doubt, a relevant court may make 2 or more monitoring orders (including for successive periods) in relation to the same person.

    (7)     The chief police officer must give a copy of a monitoring order to the financial institution to which the order applies.

Note     For how documents may be served, see the Legislation Act

, pt 19.5.

Note 1     For general provisions about a proceeding for a transaction suspension order (which is a confiscation proceeding—see s 236), see pt 14.

Note 2     In particular, no advance notice to anyone is required of the application for the order, and the application may be heard in closed court, without the offender or the public being present (see s 243).