Document ID: chunk:federal_register_of_legislation:C2018A00126:clause:1_12
Version: federal_register_of_legislation:C2018A00126
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 61445–63573

12  Giving notices to financial institutions
 (1) An official specified in subclause (3) of a *participating State or *self‑governing Territory may give a written notice to a *financial institution requiring the institution to provide to an *authorised State/Territory officer of the participating State or the Territory any information or documents relevant to any one or more of the following:
 (a) determining whether an *account is or was held by a specified person with the financial institution;
 (b) determining whether a particular person is or was a signatory to an account;
 (c) if a person holds an account with the institution, the current balance of the account;
 (d) details of transactions on an account over a specified period of up to 6 months;
 (e) details of any related accounts (including names of those who hold or held those accounts);
 (f) determining whether a *stored value card was issued to a specified person by a financial institution;
 (g) details of transactions made using such a card over a specified period of up to 6 months;
 (h) a transaction conducted by the financial institution on behalf of a specified person.
 (2) The official must not issue the notice unless the official reasonably believes that giving the notice is required:
 (a) to determine whether to take any action under the *unexplained wealth legislation of the State or Territory; or
 (b) in relation to proceedings under the unexplained wealth legislation of the State or Territory.
 (3) The officials of a *participating State or *self‑governing Territory who may give a notice to a *financial institution are:
 (a) the Commissioner or head (however described) of the police force or police service of the State or Territory; or
 (b) the Director of Public Prosecutions, or a person performing a similar function, appointed under a law of the State or Territory; or
 (c) if New South Wales is a participating State—the Commissioner and Assistant Commissioners of the New South Wales Crimes Commission; or
 (d) for a self‑governing Territory—a person of a kind prescribed by the regulations in relation to the Territory.