QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.197BGiving notice to financial institution
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### sec.197B Giving notice to financial institution
This section applies if a senior police officer—
reasonably suspects an offence has been committed, is being committed, or is about to be committed; and
reasonably believes the advice sought in a notice under this section is required for—
investigating the offence; or
commencing proceedings against a person for the offence; or
taking steps reasonably necessary to prevent the commission of the offence.
A senior police officer may give a written notice to a financial institution stating a name and requiring the institution to advise the police officer—
whether a person of the stated name is authorised, or was authorised at any time, to operate an account held with the financial institution; and
if so, the name in which the account is or was held and the account number.
Also, a senior police officer may give a written notice to a financial institution stating a number and requiring the institution to advise the police officer—
whether an account with the stated number is held, or was held at any time, with the financial institution; and
if so, the name in which the account is or was held and the name of any person who is or was authorised to operate the account.
A notice under subsection (2) or (3) must also state each of the following—
the name and contact details of the senior police officer giving the notice;
that the police officer has the reasonable suspicion and belief required to give the notice under subsection (1) ;
that the financial institution must comply with the notice within a stated reasonable period;
how and to whom the advice must be given;
a description of the offence under section 197D .
The notice may state any other details that may help the financial institution identify an account.
The same notice may be given—
about more than 1 name or account number; and
to more than 1 financial institution.
When giving a notice under this section, the senior police officer giving the notice must make a written record of the reasons the officer has the reasonable suspicion and belief required to give the notice under subsection (1) .
s 197B ins 2014 No. 1 s 13
(sec.197B-ssec.1) This section applies if a senior police officer— reasonably suspects an offence has been committed, is being committed, or is about to be committed; and reasonably believes the advice sought in a notice under this section is required for— investigating the offence; or commencing proceedings against a person for the offence; or taking steps reasonably necessary to prevent the commission of the offence.
(sec.197B-ssec.2) A senior police officer may give a written notice to a financial institution stating a name and requiring the institution to advise the police officer— whether a person of the stated name is authorised, or was authorised at any time, to operate an account held with the financial institution; and if so, the name in which the account is or was held and the account number.
(sec.197B-ssec.3) Also, a senior police officer may give a written notice to a financial institution stating a number and requiring the institution to advise the police officer— whether an account with the stated number is held, or was held at any time, with the financial institution; and if so, the name in which the account is or was held and the name of any person who is or was authorised to operate the account.
(sec.197B-ssec.4) A notice under subsection (2) or (3) must also state each of the following— the name and contact details of the senior police officer giving the notice; that the police officer has the reasonable suspicion and belief required to give the notice under subsection (1) ; that the financial institution must comply with the notice within a stated reasonable period; how and to whom the advice must be given; a description of the offence under section 197D .
(sec.197B-ssec.5) The notice may state any other details that may help the financial institution identify an account.
(sec.197B-ssec.6) The same notice may be given— about more than 1 name or account number; and to more than 1 financial institution.
(sec.197B-ssec.7) When giving a notice under this section, the senior police officer giving the notice must make a written record of the reasons the officer has the reasonable suspicion and belief required to give the notice under subsection (1) .
- (a) reasonably suspects an offence has been committed, is being committed, or is about to be committed; and
- (b) reasonably believes the advice sought in a notice under this section is required for— (i) investigating the offence; or (ii) commencing proceedings against a person for the offence; or (iii) taking steps reasonably necessary to prevent the commission of the offence.
- (i) investigating the offence; or
- (ii) commencing proceedings against a person for the offence; or
- (iii) taking steps reasonably necessary to prevent the commission of the offence.
- (i) investigating the offence; or
- (ii) commencing proceedings against a person for the offence; or
- (iii) taking steps reasonably necessary to prevent the commission of the offence.
- (a) whether a person of the stated name is authorised, or was authorised at any time, to operate an account held with the financial institution; and
- (b) if so, the name in which the account is or was held and the account number.
- (a) whether an account with the stated number is held, or was held at any time, with the financial institution; and
- (b) if so, the name in which the account is or was held and the name of any person who is or was authorised to operate the account.
- (a) the name and contact details of the senior police officer giving the notice;
- (b) that the police officer has the reasonable suspicion and belief required to give the notice under subsection (1) ;
- (c) that the financial institution must comply with the notice within a stated reasonable period;
- (d) how and to whom the advice must be given;
- (e) a description of the offence under section 197D .
- (a) about more than 1 name or account number; and
- (b) to more than 1 financial institution.