87Notice to financial organisations to provide information

### 87 Notice to financial organisations to provide information > [*\[Section 87 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014\]*](/view/html/inforce/2014-03-01/act-2013-060#GS12@EN) > > > (1)  The DPP, by written notice, may require a financial organisation, or an officer of a financial organisation, to do one or more of the following in respect of unexplained wealth proceedings or to assist in deciding whether or not to apply for any order, declaration or warrant in relation to unexplained wealth under this Act: > > > > > > (a) provide all information the organisation has about whether or not a person specified in the notice holds an account with the organisation; > > > > > > > (b) provide all information the organisation has about whether or not an account, or deposit box, described in the notice is held with the organisation; > > > > > > > (ba) [*\[Section 87 Subsection (1) amended by No. 30 of 2018, s. 6, Applied:10 Dec 2018\]*](/view/html/inforce/2018-12-10/act-2018-030#GS6@Hpa@EN) provide each record, information, material or thing in the custody or possession, or under the control, of the organisation that may be relevant to unexplained wealth proceedings, or persons, specified in the notice; > > > > > > > (c) identify each account, or deposit box, held with the organisation, if any, that may be relevant to unexplained wealth proceedings, or persons, specified in the notice; > > > > > > > (d) identify the holder of an account or deposit box, specified or described in the notice, held with the organisation; > > > > > > > (e) provide all information the organisation has about the existence of any other kind of transaction between the organisation and a person specified in the notice; > > > > > > > (f) provide all information the organisation has about whether or not a person described in the notice has applied to the organisation to open an account, borrow money or enter into any other type of transaction or arrangement with the organisation; > > > > > > > (g) if a transaction or arrangement mentioned in [paragraph (e)](#GS87@Gs1@Hpe@EN) or [(f)](#GS87@Gs1@Hpf@EN) has taken place, is taking place or is to take place, give the particulars, as specified in the notice, in respect of the transaction or arrangement. > > > (2)  In complying with a notice under [subsection (1)](#GS87@Gs1@EN) , a financial organisation must – > > > > > > (a) provide the details in writing; and > > > > > > > (b) indicate the balance of any relevant account and whether the account is current or closed. > > > (2A)  [*\[Section 87 Subsection (2A) inserted by No. 30 of 2018, s. 6, Applied:10 Dec 2018\]*](/view/html/inforce/2018-12-10/act-2018-030#GS6@Hpb@EN) In requiring a financial organisation to provide a record, information, material or thing in the custody or possession, or under the control, of the organisation, the DPP may direct that the record, information, material or thing be delivered – > > > > > > (a) at a place specified in the notice; and > > > > > > > (b) to the DPP or any other person specified in the notice; and > > > > > > > (c) in person, by certified mail or in another specified manner. > > > (2B)  [*\[Section 87 Subsection (2B) inserted by No. 30 of 2018, s. 6, Applied:10 Dec 2018\]*](/view/html/inforce/2018-12-10/act-2018-030#GS6@Hpb@EN) If the DPP has required a financial organisation to provide a record, information, material or thing in the custody or possession, or under the control, of the organisation – > > > > > > (a) the DPP may retain that record, information, material or thing for so long as is necessary for the purposes of this Part; and > > > > > > > (b) if possible and on the request of a person who would be entitled to possession of that record, information, material or thing if it were not in the possession of the DPP, the DPP must provide that person with a certified copy of the record, information, material or thing as soon as practicable. > > > (2C)  [*\[Section 87 Subsection (2C) inserted by No. 30 of 2018, s. 6, Applied:10 Dec 2018\]*](/view/html/inforce/2018-12-10/act-2018-030#GS6@Hpb@EN) A certified copy of a record, information, material or thing provided under [subsection (2B)(b)](#GS87@Gs2B@Hpb@EN) is to be received in all courts and elsewhere as evidence of the matters contained in the copy as if it were the original. > > > (3)  Service of a notice under [subsection (1)](#GS87@Gs1@EN) on the financial organisation may be effected personally, by post, by facsimile transmission, by electronic means or by any other prescribed means. > > > (4)  Any record, information, material or thing obtained by the DPP under this section may be used for the purposes of unexplained wealth proceedings or to assist in deciding whether or not to apply for any order, declaration or warrant in relation to unexplained wealth under this Act. > > > (5)  A financial organisation must comply with a requirement of a notice under [subsection (1)](#GS87@Gs1@EN) within – > > > > > > (a) 7 days of receipt of the notice; or > > > > > > > (b) such longer period as is specified in the notice. > > > > Penalty:  Fine not exceeding 5 000 penalty units.