NSWIn ForceAct
Confiscation of Proceeds of Crime Act 1989
69Making of monitoring orders
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#### 69 Making of monitoring orders
69 Making of monitoring orders
> > (1) The Supreme Court shall not make a monitoring order unless satisfied that there are reasonable grounds for suspecting that the person in respect of whose account the information is sought—
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> > > (a) has committed, or is about to commit, a serious drug offence, or
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> > > (b) was involved in the commission, or is about to be involved in the commission, of such an offence, or
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> > > (c) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of such an offence.
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> > (2) A monitoring order shall specify—
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> > > (a) the name or names in which the account is believed to be held, and
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> > > (b) the kind of information that the institution is required to give, and
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> > > (c) the prescribed authority to which the information is to be given, and
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> > > (d) the manner in which the information is to be given.
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> > (3) If a financial institution is, or has been, subject to a monitoring order, the fact that the monitoring order has been made shall be disregarded for the purposes of the application of Part 4AC of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) in relation to the institution.
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> > (4) A financial institution that has been given notice of a monitoring order shall not knowingly—
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> > > (a) contravene the order, or
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> > > (b) provide false or misleading information in purported compliance with the order.
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> > Maximum penalty—1,000 penalty units.
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> **s 69:** Am 2005 No 73, Sch 1 \[73\]; 2009 No 99, Sch 4.1.