South Australian Repealed Acts

This legislation has been repealed.

CRIMINAL ASSETS CONFISCATION ACT 1996 - SECT 35

35—Monitoring orders

        (1)         The Supreme Court may, if satisfied on application by the Director of Public Prosecutions, the Administrator or a police officer, that it is necessary or desirable to do so for the purposes of the administration or enforcement of this Act or a corresponding law, or for the investigation of a suspected money laundering offence, make an order (a "monitoring order") requiring a financial institution to report promptly transactions affecting an account held with the institution.

        (2)         A monitoring order remains in force (subject to revocation by the Court) for a period of not more than three months specified in the order.

        (3)         A monitoring order must specify—

            (a)         the name in which the account is held; and

            (b)         the kind of information the financial institution is required to give; and

            (c)         the person to whom the information is to be given; and

            (d)         the manner in which the information is to be given.

        (4)         An officer or agent of a financial institution to which a monitoring order is addressed who discloses the existence of the order except—

            (a)         as may be necessary to give effect to the order; or

            (b)         as may be required or authorised by the order; or

            (c)         for the purpose of obtaining legal advice or representation for the financial institution, or an officer or agent of the financial institution, on a matter related to the order,

is guilty of an offence.

Maximum penalty: $2 500 or imprisonment for 6 months.