Tasmanian Consolidated Acts

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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 88

Notice to other organisations to provide information
(1)  In this section, a reference to an organisation is a reference to –
(a) a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 ; or
(b) an organisation that has a legislative requirement to comply with Treasurer's Instructions issued under section 114 of the Government Business Enterprises Act 1995 ; or
(c) any other organisation, or class of organisations, prescribed for the purposes of this section.
(2)  The DPP, by written notice, may require an organisation, or an officer of an organisation, to do one or more of the following in respect of unexplained wealth proceedings or to assist in deciding whether or not to apply for any order, declaration or warrant in relation to unexplained wealth under this Act:
(a) provide the DPP with any information or explanation the DPP requests;
(b) monitor any interaction between the organisation and a person, or any dealing with a thing, specified in the notice, and provide the DPP with all information in respect of that interaction or dealing as soon as practicable after a person with knowledge of the notice becomes aware of the interaction or dealing;
(c) produce to the DPP any record, information, material or thing in the custody or possession, or under the control, of the organisation.
(3)  Under subsection (2) , the DPP may require –
(a) information, an explanation or an answer to a question to be given orally or in writing, as the DPP requires; and
(b) an officer of the organisation to –
(i) verify the information, explanation or answer to a question; or
(ii) give an oath or affirmation that the information, explanation or answer is true.
(4)  In respect of any record, information, material or thing produced under subsection (2) , the DPP may –
(a) inspect and take copies of, or take extracts from, any such record, information, material or thing; and
(b) require or direct any person to give such assistance as may be required.
(5)  Service of the notice on the organisation may be effected personally, by post, by facsimile transmission, by electronic means or by any other prescribed means.
(6)  Any record, information, material or thing obtained by the DPP under this section may be used for the purposes of unexplained wealth proceedings or to assist in deciding whether or not to apply for any order, declaration or warrant in relation to unexplained wealth under this Act.
(7)  An organisation must comply with a requirement of a notice under subsection (2) within –
(a) 7 days of receipt of the notice; or
(b) such longer period as is specified in the notice.
Penalty:  Fine not exceeding 5 000 penalty units.



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