Tasmanian Consolidated Acts

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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 106

Monitoring orders and suspension orders generally
(1)  The Supreme Court may only make a monitoring order, or suspension order, if satisfied that there are reasonable grounds for suspecting –
(a) if a person is to be specified in the order, that the person –
(i) has unexplained wealth or is about to be the subject of an unexplained wealth declaration; or
(ii) is, or is about to be, the person named in a specified restraining order; or
(b) if an account is to be specified in the order, that the account directly, or indirectly, relates to a person who –
(i) has unexplained wealth or is about to be the subject of an unexplained wealth declaration; or
(ii) is, or is about to be, the person named in a specified restraining order.
(2)  A monitoring order or suspension order applies to all transactions carried out or to be carried out through –
(a) an account held with the organisation by a person specified in the order; or
(b) an account specified in the order –
during the monitoring period, or suspension period, specified in the order.
(3)  A monitoring order or suspension order is to specify –
(a) the financial organisation to which the order applies; and
(b) the name or names in which the account is believed to be held; and
(c) the class or type of information that the organisation is required to give; and
(d) the manner in which the information is to be given to the DPP; and
(e) the period of monitoring, or suspension, in accordance with subsection (4) that does not exceed 3 months.
(4)  A period of monitoring under a monitoring order or a period of suspension under a suspension order is to commence –
(a) on such a day as is specified in the relevant order, being a day after the day on which a copy of the relevant order is served on the financial organisation; or
(b) if no such day is specified in the order, on the day on which a copy of the relevant order is served on the financial organisation.
(5)  Despite subsection (3)(e) , the Supreme Court may –
(a) extend a period of monitoring or suspension on as many occasions as the Supreme Court sees fit; and
(b) in extending the period under paragraph (a) , enable the period of monitoring or suspension to exceed 3 months from the commencement of the monitoring order or suspension order.



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