Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 249B

249B Giving notice to financial institution

(1) A police officer of or above the rank of inspector, or an authorised commission officer, may give a written notice to a financial institution requiring the financial institution to advise a police officer or commission officer of the following—

(a) if the notice states a name in which an account is suspected to be held—

(i) whether an account is held with the financial institution in the name of the stated person; and

(ii) if an account is held with the institution in that name—the account number and the balance of the account;

(b) if the notice states an account number—

(i) the name in which the account is held; and

(ii) the balance of the account.

(2) The notice must state each of the following—

(a) the name of the police officer or authorised commission officer who gave the notice;

(b) the police officer or authorised commission officer reasonably believes the notice is required—

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

(ii) in relation to proceedings under this Act;

(c) the notice is given under this section and a description of the advice the financial institution is required to give under subsection (1) ;

(d) the financial institution must give the advice—

(i) in writing; and

(ii) within a stated reasonable time or, if the police officer or authorised commission officer reasonably believes there is a significant risk of imminent dissipation of funds held in an account with the institution, immediately;

(e) how and to whom the advice is to be given;

(f) a description of the offences under sections 249C and 249E .

(3) The notice may state any other details that may help the financial institution identify the account to which the advice relates.

(4) The police officer or commission officer must not give the notice unless the police officer or commission officer reasonably believes that giving the notice is required—

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

(b) in relation to proceedings under this Act.

(5) The police officer or authorised commission officer must make a written record of the reasons the officer reasonably believes that giving the notice is required as mentioned in subsection (4) .

(6) To remove doubt, it is declared that the notice may relate to an account held in more than 1 name.