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Criminal Property Forfeiture Act 2002
14Preliminary inquiries from financial institutions
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14 Preliminary inquiries from financial institutions
(1) For any proceedings under this Act or where there are reasonable
grounds for believing that the information is necessary to decide
whether to apply for any order, declaration or warrant under this
Act, the DPP or a police officer of or above the rank of
Superintendent may serve a notice or cause a notice to be served
on a financial institution requiring the institution to do one or more of
the following:
Criminal Property Forfeiture Act 2002 13
(a) provide information about whether a person described in the
notice holds an account with the institution;
(b) provide information about whether or not an account
described in the notice is held with the institution;
(c) identify an account held with the institution;
(d) identify the holder of an account held with the institution;
(e) provide information about the existence of any other kind of
transaction between the institution and a person described in
the notice;
(f) provide information about whether a person described in the
notice has applied to the institution to open an account,
borrow money or enter into any other type of transaction or
arrangement with the institution;
(g) if a transaction or arrangement mentioned in paragraph (e)
or (f) has taken place, is taking place or is to take place – give
the prescribed particulars.
(2) In complying with a notice under subsection (1), a financial
institution must provide the details in writing and must indicate the
balance of any relevant account and whether the account is current
or closed.
(3) A notice under subsection (1) is to be in writing and specify the
information required.
(4) Service of the notice on the institution may be effected personally,
by post, by facsimile transmission or in any other manner
prescribed by the Regulations.
(5) A financial institution that fails to comply with a requirement of a
notice under subsection (1) within 7 days, or any further period that
is specified in the notice, commits an offence.