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Confiscation of Criminal Assets Act 2003
151Monitoring orders—making
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151 Monitoring orders—making
(1) This section applies if an application is made under section 149
(Monitoring orders—application) to a relevant court for a monitoring
order requiring a financial institution to give a police officer
information obtained or held by the institution about transactions
conducted, or proposed to be conducted with the institution, by the
person in relation to whom the order is sought.
(2) The relevant court must make the monitoring order sought if, having
regard to the police officer’s affidavit supporting the application and
any other evidence before the court, the court is satisfied that there
are reasonable grounds for the officer’s suspicions stated in the
(a) that it is a monitoring order under this Act; and
(b) the financial institution to which the order applies; and
(c) the person in relation to whom the order is made; and
(d) the nature of the transactions to be monitored; and
Monitoring orders Division 12.2
(e) the information that the financial institution is required to give;
and
(f) how the information is to be given; and
(g) the period for which the order has effect; and
(h) that the monitoring order is a non-disclosable information order.
division 12.6 (Information order offences) in relation to monitoring
orders.
(5) The period mentioned in subsection (3) (g) must not begin earlier than
the day when notice of the order is given to the financial institution
and must end not later than 3 months after the day when the order is
(6) To remove any doubt, a relevant court may make 2 or more
monitoring orders (including for successive periods) in relation to the
same person.
(7) The chief police officer must give a copy of a monitoring order to the
financial institution to which the order applies.
Note 1 For general provisions about a proceeding for a transaction suspension