sec.197BGiving notice to financial institution

### 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.