sec.249Communication of information by financial institutions to particular officers

### sec.249 Communication of information by financial institutions to particular officers This section applies if a financial institution has information about an account held, or a transaction conducted, with the institution and the institution has reasonable grounds for believing that— the information may be relevant to— an investigation of, or the prosecution of a person for, an offence against a law of the State; or an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or a matter for which an order may be made under chapter 2A ; or the information would otherwise be of assistance in the enforcement of this Act. The institution may give the information to a police officer. The institution may give the information to a commission officer if the information relates to— an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or a matter for which an order may be made under chapter 2A . No action, suit or proceeding lies against— a financial institution; or an officer or agent of the institution acting in the course of the person’s employment or agency; in relation to any action taken by the institution or person under subsection (2) or (3) . If a financial institution, or an officer or agent of the institution, gives information under subsection (2) or (3) as soon as practicable after forming the belief mentioned in subsection (1) , the institution or person is taken, for the purposes of sections 250 and 252 , not to have been in possession of that information at any time. A person must not, other than as permitted under subsection (2) or (3) , disclose to anyone— that a financial institution, or an officer of a financial institution, intends to give or has given information to a police officer under subsection (2) ; or that a financial institution, or an officer of a financial institution, intends to give or has given information to a commission officer under subsection (3) ; or the nature of any information given under subsection (2) or (3) . Maximum penalty—10 penalty units. In this section— officer includes director, secretary, executive officer or employee. s 249 amd 2009 No. 2 s 55 ; 2017 No. 6 s 21 (sec.249-ssec.1) This section applies if a financial institution has information about an account held, or a transaction conducted, with the institution and the institution has reasonable grounds for believing that— the information may be relevant to— an investigation of, or the prosecution of a person for, an offence against a law of the State; or an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or a matter for which an order may be made under chapter 2A ; or the information would otherwise be of assistance in the enforcement of this Act. (sec.249-ssec.2) The institution may give the information to a police officer. (sec.249-ssec.3) The institution may give the information to a commission officer if the information relates to— an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or a matter for which an order may be made under chapter 2A . (sec.249-ssec.4) No action, suit or proceeding lies against— a financial institution; or an officer or agent of the institution acting in the course of the person’s employment or agency; in relation to any action taken by the institution or person under subsection (2) or (3) . (sec.249-ssec.5) If a financial institution, or an officer or agent of the institution, gives information under subsection (2) or (3) as soon as practicable after forming the belief mentioned in subsection (1) , the institution or person is taken, for the purposes of sections 250 and 252 , not to have been in possession of that information at any time. (sec.249-ssec.6) A person must not, other than as permitted under subsection (2) or (3) , disclose to anyone— that a financial institution, or an officer of a financial institution, intends to give or has given information to a police officer under subsection (2) ; or that a financial institution, or an officer of a financial institution, intends to give or has given information to a commission officer under subsection (3) ; or the nature of any information given under subsection (2) or (3) . Maximum penalty—10 penalty units. (sec.249-ssec.7) In this section— officer includes director, secretary, executive officer or employee. - (a) the information may be relevant to— (i) an investigation of, or the prosecution of a person for, an offence against a law of the State; or (ii) an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or (iii) a matter for which an order may be made under chapter 2A ; or - (i) an investigation of, or the prosecution of a person for, an offence against a law of the State; or - (ii) an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or - (iii) a matter for which an order may be made under chapter 2A ; or - (b) the information would otherwise be of assistance in the enforcement of this Act. - (i) an investigation of, or the prosecution of a person for, an offence against a law of the State; or - (ii) an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or - (iii) a matter for which an order may be made under chapter 2A ; or - (a) an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or - (b) a matter for which an order may be made under chapter 2A . - (a) a financial institution; or - (b) an officer or agent of the institution acting in the course of the person’s employment or agency; - (a) that a financial institution, or an officer of a financial institution, intends to give or has given information to a police officer under subsection (2) ; or - (b) that a financial institution, or an officer of a financial institution, intends to give or has given information to a commission officer under subsection (3) ; or - (c) the nature of any information given under subsection (2) or (3) .