Monitoring Orders

A Monitoring Order is a judge made order which is made on the application of the AFP to order a financial institution provide information on transactions conducted on a credit or debit card.

To make the order, the judge must be satisfied that there are reasonable grounds to suspect that the person who holds the account to whom the credit / debit card was issued has committed or is about to commit a serious offence,[1] was involved in the commission, or is about to be involved in the commission, of a serious offence,[2] or has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission or a serious offence.[3]

An alternate threshold test to make the order, is that the judge is satisfied that there are reasonable grounds for suspecting that the account or card is being used to commit an offence against Part 10.2 of the Criminal Code[4] (which relates to money laundering).

Failure to comply with a monitoring order is an offence punishable by imprisonment.[5]

[1] S 219(2)(a)(i) Proceeds of Crime Act 2002 (Cth).

[2] S 219(2)(a)(ii) Proceeds of Crime Act 2002 (Cth).

[3] S 219(2)(a)(iii) Proceeds of Crime Act 2002 (Cth).

[4] Criminal Code Act 1995 (Cth) Schedule 1.

[5] S 224 Proceeds of Crime Act 2002 (Cth).

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

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