56Monitoring orders

### 56 Monitoring orders > > (1)  A magistrate may, on the application of a police officer, make an order directing a financial institution to give to a police officer information obtained by the institution about transactions conducted through an account held by a particular person with the institution. > > > (2)  A magistrate is not to make a monitoring order unless the magistrate is satisfied that there are reasonable grounds for suspecting that the person in respect of whose account the information is sought – > > > > > > (a) has committed, or is about to commit, a serious offence; or > > > > > > > (b) was involved in the commission, or is about to be involved in the commission, of a serious offence; or > > > > > > > (c) has derived or is about to derive, directly or indirectly, a commercial or other benefit from the commission of a serious offence. > > > (3)  A monitoring order is to specify – > > > > > > (a) the name, or names, in which the account is believed to be held; and > > > > > > > (b) the kind of information that the institution is required to give; and > > > > > > > (c) the manner in which the information is to be given. > > > (4)  A monitoring order is to apply in relation to transactions conducted during the period specified in the order, being a period commencing not earlier than the day on which notice of the order is given to the financial institution and ending not later than 3 months immediately after the date of the order. > > > (5)  If a financial institution is, or has been, subject to a monitoring order, the fact that the monitoring order has been made is to be disregarded for the purposes of the application of [section 67](#GS67@EN) in relation to that institution. > > > (6)  A financial institution that has been given notice of a monitoring order must not knowingly contravene, or knowingly provide false or misleading information in purported compliance with, the order. > > > > Penalty:  Fine not exceeding 1 000 penalty units. > > > (7)  A reference in this section to a transaction conducted through an account includes a reference to – > > > > > > (a) the making of a fixed term deposit; and > > > > > > > (b) in relation to a fixed term deposit – the transfer of the amount deposited, or any part of it, at the end of the term.