Western Australian Current Acts Western Australian Current Acts (1) The court may
order a financial institution to give information about all transactions
carried out through an account held with the institution by a person named in
the order to —
(a) the
DPP or a police officer, if the DPP applied for the order; or
(b) the
CCC, if the CCC applied for the order.
(2) The court may
order a financial institution —
(a) to
notify the following persons immediately of any transaction that has been
initiated in connection with an account held with the institution by a person
named in the order —
(i)
the DPP or a police officer, if the DPP applied for the
order;
(ii)
the CCC, if the CCC applied for the order;
and
(b) to
notify the following persons immediately if there are reasonable grounds for
suspecting that a transaction is about to be initiated in connection with the
account —
(i)
the DPP or a police officer, if the DPP applied for the
order;
(ii)
the CCC, if the CCC applied for the order;
and
(c) to
refrain from completing or effecting the transaction for 48 hours.
(3) The court may make
a monitoring order or suspension order if there are reasonable grounds for
suspecting that the named person —
(a) has
been, or is about to be, involved in the commission of a confiscation offence;
or
(b) has
acquired, or is about to acquire, directly or indirectly, any crime-derived
property; or
(c) has
benefited, or is about to benefit, directly or indirectly, from the commission
of a confiscation offence.
(4) A monitoring order
or suspension order applies to all transactions carried out or to be carried
out through the bank account during the monitoring period or suspension period
specified in the order.
(5) The monitoring
order or suspension order must specify —
(a) the
financial institution to which the order applies; and
(b) the
name or names in which the account is believed to be held; and
(c) the
class of information that the institution is required to give; and
(d) the
manner in which the information is to be given; and
(e) the
monitoring period, or suspension period, in accordance with subsection (6).
(6) The monitoring
period or suspension period —
(a) is
not to commence earlier than the day on which notice of the order is served on
the financial institution; and
(b) is
not to end more than 3 months after the date of the order.
[Section 68 amended: No. 10 of 2018 s. 56.]