(1) A court may, on
application by the Commissioner of Police make an
order (a "monitoring order") requiring a deposit holder to report, as soon as
practicable, transactions of a kind specified in the order relevant to
identifying, tracing, locating or valuing a person's wealth.
(2) An application to
a court under this section must be accompanied by an affidavit that specifies
how the transactions to which the application relates are relevant to
identifying, tracing, locating or valuing a person's wealth.
(3) A monitoring order
must—
(a)
specify the kind of information the deposit holder is required to give; and
(b)
specify the form and manner in which the information is to be given; and
(c) set
out the effect of subsection (6) and (7); and
(d) set
out the effect of section 33.
(4) Subject to
subsection (5), a monitoring order remains in force for a period of not
more than 6 months specified in the order.
(5) A court that has
made a monitoring order may, on application by the Commissioner of Police or
the deposit holder, extend, vary or revoke the order.
(6) If a
monitoring order is made, a person who—
(a)
discloses the existence or nature of the order to another person; or
(b)
discloses information to another person from which the other person could
infer the existence or nature of the order,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(7)
Subsection (6) does not apply if the disclosure—
(a) is
authorised by the order; or
(b) is
necessary to comply with the order; or
(c) is
made for the purpose of obtaining legal advice or legal representation in
relation to the order; or
(d) is
made for the purposes of, or in the course of, legal proceedings.