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Confiscation of Criminal Assets Act 2003
155Transaction suspension orders—making
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155 Transaction suspension orders—making
(1) This section applies if an application is made under section 153
(Transaction suspension orders—application) to a relevant court for
a transaction suspension order requiring a financial institution, on
becoming aware of a transaction (including a proposed transaction)
to be conducted through the account to which the application relates,
to—
(a) immediately tell a police officer about the transaction; and
(b) delay the processing of the transaction for 48 hours after the
institution becomes aware of the transaction.
(2) The relevant court must make the transaction suspension 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 affidavit.
(a) that it is a transaction suspension order under this Act; and
(b) the terms of the order; and
(c) the financial institution to which the order applies; and
(d) the account in relation to which the order is made; and
(e) how notice of transactions (including proposed transactions) is
to be given; and
(f) the period for which the order has effect; and
(g) that the transaction suspension order is a non-disclosable
information order.
Note 1 The disclosure of the existence or operation of a non-disclosable
Note 2 An order cannot be made in relation to a safe-deposit box (see s 152 (2)).
division 12.6 (Information order offences) in relation to transaction
suspension orders.
(5) The period mentioned in subsection (3) (f) 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
transaction suspension orders (including for successive periods) in
relation to the same account.
Transaction suspension orders Division 12.3
(7) The chief police officer must give a copy of a transaction suspension
order to the financial institution to which the order applies.