118DIssuing information notices—authorised police officer

118D Issuing information notices—authorised police officer S. 118D(1) amended by Nos 104/2003 s. 5(7), 37/2014 s. 10(Sch. item 25.24). (1) An authorised police officer may issue an information notice to a financial institution for the purposes of any proceedings under this Act. S. 118D(2) amended by No. 37/2014 s. 10(Sch. item 25.24). (2) An authorised police officer must not issue an information notice unless he or she reasonably believes that— (a) the person in respect of whose account with the financial institution the information is sought or a person who has an interest in that account— S. 118D(2)(a)(i) amended by Nos 87/2004 s. 22(2)(n), 55/2014 s. 42(a). S. 118D (2)(a)(iii) amended by Nos 55/2014 s. 42(b), 79/2014 s. 35(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. 118D (2)(a)(iv) inserted by No. 79/2014 s. 35(b). (iv) has engaged in serious criminal activity; and (b) the issuing of the information notice is required to determine whether to take any action under this Act. S. 118D(3) inserted by No. 44/2022 s. 44, amended by No. 55/2025 s. 4(1). (3) Despite subsection (2), an authorised police officer may issue an information notice to a financial institution if the police officer reasonably believes that— (a) an account with the financial institution in respect of which the information is sought is secured by property; and (b) the property is derived property or tainted property; and (c) the issuing of the information notice is required to determine whether to take any action under this Act. S. 118D(3A) inserted by No. 55/2025 s. 4(2). (3A) Despite subsection (2), an authorised police officer may issue an information notice to a financial institution if the police officer reasonably believes that— (a) a person who holds an account with the financial institution in respect of which the information is sought, or a person with an interest in that account, has an interest in property that was not lawfully acquired; and (b) the issuing of the information notice is required to determine whether to take any action under Part 4A. S. 118D(3B) inserted by No. 55/2025 s. 4(2). (3B) Despite subsection (2), an authorised police officer may issue an information notice to a financial institution if the police officer reasonably believes that— (a) a person who holds an account with the financial institution in respect of which the information is sought, or a person with an interest in that account, has wealth that exceeds the person's lawfully acquired wealth; and (b) the issuing of the information notice is required to determine whether to take any action under Part 4A. S. 118D(4) inserted by No. 44/2022 s. 44. (4) An information notice issued under this section expires on the earlier of— S. 118D(4)(a) amended by No. 55/2025 s. 4(3). (a) the date on which the authorised police officer no longer reasonably believes the matters specified under subsection (2), (3), (3A) or (3B) on which the authorised police officer relied to justify the issue of the information notice; or (b) 3 months from the date of issue of the information notice. S. 118E inserted by No. 63/2003 s. 29.