106Monitoring orders and suspension orders generally

106 Monitoring orders and suspension orders generally

[Section 106 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014]

(1)  The Supreme Court may only make a monitoring order, or suspension order, if satisfied that there are reasonable grounds for suspecting –

(a) if a person is to be specified in the order, that the person –

(i) has unexplained wealth or is about to be the subject of an unexplained wealth declaration; or

(ii) is, or is about to be, the person named in a specified restraining order; or

(b) if an account is to be specified in the order, that the account directly, or indirectly, relates to a person who –

(i) has unexplained wealth or is about to be the subject of an unexplained wealth declaration; or

(ii) is, or is about to be, the person named in a specified restraining order.

(2)  A monitoring order or suspension order applies to all transactions carried out or to be carried out through –

(a) an account held with the organisation by a person specified in the order; or

(b) an account specified in the order –

during the monitoring period, or suspension period, specified in the order.

(3)  A monitoring order or suspension order is to specify –

(a) the financial organisation to which the order applies; and

(b) the name or names in which the account is believed to be held; and

(c) the class or type of information that the organisation is required to give; and

(d) the manner in which the information is to be given to the DPP; and

(e) the period of monitoring, or suspension, in accordance with subsection (4) that does not exceed 3 months.

(4)  A period of monitoring under a monitoring order or a period of suspension under a suspension order is to commence –