Western Australian Current Acts Western Australian Current Acts (1) For the purposes
of any proceedings under this Act, or for the purposes of deciding whether to
apply for a freezing notice, or for any order, declaration or warrant under
this Act, the DPP, a police officer or an authorised CCC officer may require a
financial institution to do any or all of the following —
(a) give
information about whether a person described in the requirement holds an
account with the institution;
(b) give
information about whether or not an account described in the requirement is
held with the institution;
(c)
identify an account held with the institution;
(d)
identify the holder of an account held with the institution;
(e) give
information about the existence of any other kind of transaction between the
institution and a person described in the requirement;
(f) if a
transaction referred to in paragraph (e) has taken place, is taking place or
is to take place — give prescribed particulars of the transaction.
(1A) Without limiting
subsection (1), an authorised CCC officer may require a financial institution
to do any or all of the actions set out in subsection (1)(a) to (f) for the
purposes of any of the following —
(a) any
proceeding under the Corruption, Crime and Misconduct Act 2003 that relates
to the performance of the CCC’s functions under section 21AD of that
Act;
(b)
assisting the CCC to decide whether to make an examination order under this
Act;
(c)
assisting the CCC to decide whether to apply for, or make, any order under the
Corruption, Crime and Misconduct Act 2003 that relates to the performance of
the CCC’s functions under section 21AD of that Act.
(2) A requirement must
—
(a) be
in writing served on the institution; and
(b)
specify the information required.
(3) Service of the
requirement on the institution may be effected by properly addressed email or
fax, or by any other means provided by section 76 of the
Interpretation Act 1984 .
(4) The financial
institution must comply with the requirement.
Penalty: $500 000.
[Section 54 amended: No. 10 of 2018 s. 45.]