115Application for monitoring order

115 Application for monitoring order S. 115(1AA) inserted by No. 87/2004 s. 21(1), amended by No. 34/2008 s. 143(Sch. 2 item 2), substituted by No. 82/2012 s. 156(1). (1AA) In this section, ***IBAC Commissioner*** means the Commissioner within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**. S. 115(1) amended by Nos 87/2004 s. 21(2), 82/2012 s. 156(2), 37/2014 s. 10(Sch. item 25.19). (1) The IBAC Commissioner or a police officer may, without notice, apply to the Supreme Court for an order directing a financial institution to give to a particular law enforcement agency information obtained by the institution about transactions conducted through an account held by a particular person with the institution, including information about— (a) the making of a fixed term deposit; and (b) the transfer of the whole or of any part of a fixed term deposit at the end of the term. (2) An application under subsection (1) must be supported by an affidavit of the applicant— (a) stating that he or she believes that the person in respect of whose account the information is sought— S. 115(2)(a)(i) amended by Nos 87/2004 s. 21(3), 55/2014 s. 41(a). S. 115(2)(a)(iii) amended by Nos 55/2014 s. 41(b), 79/2014 s. 34(a). (iii) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a Schedule 1 offence or a Schedule 2 offence; or S. 115(2)(a)(iv) inserted by No. 79/2014 s. 34(b), amended by No. 26/2024 s. 41(a). (iv) has engaged in serious criminal activity; or S. 115(2)(a)(v) inserted by No. 26/2024 s. 41(b). (v) has acquired property unlawfully; or S. 115(2)(a)(vi) inserted by No. 26/2024 s. 41(b). (vi) has wealth that exceeds the person's lawfully acquired wealth; and (b) setting out the grounds on which the applicant holds those beliefs. (3) The Supreme Court may require the applicant to give it any additional information that it requires concerning the grounds on which the order is sought. (4) An application under subsection (1) must be heard in closed court.