Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 214

Contents of notices to financial institutions

  (1)   The notice must:

  (a)   state that the officer giving the notice believes that the notice is required:

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

  (ii)   in relation to proceedings under this Act;

    (as the case requires); 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 form and manner in which that information or those documents are to be provided, having regard to the record - keeping capabilities of the financial institution (to the extent known to the officer); and

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

  (i)   14 days after the giving of the notice; or

  (ii)   if the officer giving the notice believes that it is appropriate, having regard to the matters specified in subsection   (2), to specify an earlier day that is at least 3 days after the giving of the notice--that earlier day; and

  (f)   if the notice specifies that information about the notice must not be disclosed--set out the effect of section   217 (disclosing existence or nature of a notice); and

  (g)   set out the effect of section   218 (failing to comply with a notice).

  (2)   The matters to which the officer giving the notice must have regard in deciding whether to specify an earlier day under subparagraph   (1)(e)(ii) are:

  (a)   the urgency of the situation; and

  (b)   any hardship that may be caused to the * financial institution required by the notice to provide the information or documents.



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