Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 249

249 Communication of information by financial institutions to particular officers

(1) This section applies if a financial institution has information about an account held, or a transaction conducted, with the institution and the institution has reasonable grounds for believing that—

(a) the information may be relevant to—

(i) an investigation of, or the prosecution of a person for, an offence against a law of the State; or

(ii) an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or

(iii) a matter for which an order may be made under chapter 2A ; or

(b) the information would otherwise be of assistance in the enforcement of this Act.

(2) The institution may give the information to a police officer.

(3) The institution may give the information to a commission officer if the information relates to—

(a) an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or

(b) a matter for which an order may be made under chapter 2A .

(4) No action, suit or proceeding lies against—

(a) a financial institution; or

(b) an officer or agent of the institution acting in the course of the person’s employment or agency;

in relation to any action taken by the institution or person under subsection (2) or (3) .

(5) If a financial institution, or an officer or agent of the institution, gives information under subsection (2) or (3) as soon as practicable after forming the belief mentioned in subsection (1) , the institution or person is taken, for the purposes of sections 250 and 252 , not to have been in possession of that information at any time.

(6) A person must not, other than as permitted under subsection (2) or (3) , disclose to anyone—

(a) that a financial institution, or an officer of a financial institution, intends to give or has given information to a police officer under subsection (2) ; or

(b) that a financial institution, or an officer of a financial institution, intends to give or has given information to a commission officer under subsection (3) ; or

(c) the nature of any information given under subsection (2) or (3) .

Penalty—

Maximum penalty—10 penalty units.

(7) In this section—

"officer" includes director, secretary, executive officer or employee.