VICIn ForceAct
Confiscation Act 1997
118GWhat can an information notice require?
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118G What can an information notice require?
(1) An information notice may require a financial institution to give to the law enforcement agency specified in the information notice the following information only—
S. 118G(1)(a) amended by No. 27/2016 s. 21(a).
(a) if the information notice specifies a name or names in which an account is believed to be or to have been held—
(1)(a)(i) amended by No. 27/2016 s. 21(b).
(i) whether an account is or was held in that name or those names with the financial institution; and
(1)(a)(ii) amended by Nos 68/2010 s. 26(1), 27/2016 s. 21(b), 44/2022 s. 45(1)(a).
(ii) if an account is or was held in that name or those names with that institution, the account number, the type of account and current balance of that account; and
(1)(a)(iii) inserted by No. 44/2022 s. 45(1)(b).
(iii) in the case of an account for a loan that is secured by property, the registered proprietors of the property, the amount secured by the property and the location of the property; or
(b) if the information notice specifies an account number—
(1)(b)(i) amended by No. 27/2016 s. 21(c).
(i) the name or names in which that account is or was held; and
(1)(b)(ia) inserted by No. 68/2010 s. 26(2).
(ia) the type of account; and
(1)(b)(ii) substituted by No. 27/2016 s. 21(d), amended by No. 44/2022 s. 45(2).
(ii) if still held with the financial institution, the balance of that account; and
(1)(b)(iii) inserted by No. 44/2022 s. 45(3).
(iii) in the case of an account for a loan that is secured by property, the registered proprietors of the property, the amount secured by the property and the location of the property.
S. 118G(1AA) inserted by No. 44/2022 s. 9.
(1AA) In addition, in the case of an information notice referred to in section 118G(1) that relates to an account that is associated with digital assets, the information notice may also require information about—
(a) the type of digital asset; and
(b) the quantum or value of that digital asset.
(1A) inserted by No. 68/2010 s. 26(3), repealed by No. 44/2022 s. 66(1).
(2) An information notice may only require a financial institution to give information to the law enforcement agency of which the person who issued the information notice is a member or an officer or an employee.
S. 118H inserted by No. 63/2003 s. 29.