NTIn ForceAct
Criminal Property Forfeiture Act 2002
29Monitoring and suspension orders
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29 Monitoring and suspension orders
(1) The court that is hearing an application under section 28 may order
a financial institution to give to the DPP or a police officer
information about any or all transactions carried out through an
account held with the institution by a person named in the order.
Criminal Property Forfeiture Act 2002 21
(2) The court that is hearing an application under section 28 may order
a financial institution:
(a) to notify the DPP or a police officer immediately of any
transaction that has been initiated in connection with an
account held with the institution by a person named in the
order; and
(b) to notify the DPP or a police officer immediately if there are
reasonable grounds for suspecting that a transaction is about
to be initiated in connection with the account; and
(c) to refrain from completing or effecting the transaction for
48 hours.
(3) The court may make a monitoring order or a suspension order if
there are reasonable grounds for suspecting that the person named
in the order:
(a) has been, or is about to be, involved in the commission of a
forfeiture offence; or
(b) has acquired, or is about to acquire, directly or indirectly, any
crime-derived property; or
(c) has benefited, or is about to benefit, directly or indirectly, from
the commission of a forfeiture offence.
(4) A monitoring order or a suspension order applies to all transactions
carried out or to be carried out through the specified account during
the monitoring period or suspension period specified in the order.
(5) A monitoring order or a suspension order must specify:
(a) the financial institution to which the order applies; and
(b) the name or names in which the account is believed to be
held; and
(c) the class of information that the institution is required to give;
and
(d) the manner in which the information is to be given; and
(e) the monitoring period or suspension period in accordance with
subsection (6).
Criminal Property Forfeiture Act 2002 22
(6) The monitoring period of a monitoring order or suspension period of
a suspension order:
(a) is not to commence earlier than the day on which notice of the
order is served on the financial institution; and
(b) is to end not more than 3 months after the date of the order.