Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 213

Giving notices to financial institutions

  (1)   An officer specified in subsection   (3) may give a written notice to a * financial institution requiring the institution to provide to an * authorised officer any information or documents relevant to any one or more of the following:

  (a)   determining whether an * account is or was held by a specified person with the financial institution;

  (b)   determining whether a particular person is or was a signatory to an account;

  (c)   if a person holds an account with the institution, the current balance of the account;

  (d)   details of transactions on an account over a specified period of up to 6 months;

  (e)   details of any related accounts (including names of those who hold or held those accounts);

  (ea)   determining whether a * stored value card was issued to a specified person by a financial institution;

  (eb)   details of transactions made using such a card over a specified period of up to 6 months;

  (f)   a transaction conducted by the financial institution on behalf of a specified person.

  (2)   The officer must not issue the notice unless the officer reasonably believes that giving the notice is required:

  (a)   to determine whether to take any action under this Act; or

  (b)   in relation to proceedings under this Act.

  (3)   The officers who may give a notice to a * financial institution are:

  (a)   the Commissioner of the Australian Federal Police; or

  (b)   a Deputy Commissioner of the Australian Federal Police; or

  (c)   a senior executive AFP employee (within the meaning of the Australian Federal Police Act 1979 ) who is a member of the Australian Federal Police and who is authorised in writing by the Commissioner for the purposes of this section; or

  (ca)   the National Anti - Corruption Commissioner (within the meaning of the National Anti - Corruption Commission Act 2022 ); or

  (d)   the Chief Executive Officer of the Australian Crime Commission; or

  (e)   an examiner (within the meaning of the Australian Crime Commission Act 2002 ); or

  (f)   the Commissioner of Taxation; or

  (g)   the * Comptroller - General of Customs; or

  (h)   the Chairperson of the Australian Securities and Investments Commission.



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