PROCEEDS OF CRIME ACT 1987 - SECT 74 Existence and operation of monitoring order not to be disclosed

PROCEEDS OF CRIME ACT 1987 - SECT 74

  (1)   A financial institution that is, or has been, subject to a monitoring order shall not disclose the existence or the operation of the order to any person except:

  (a)   if the order specifies the Australian Federal Police as the law enforcement authority to which information is to be given--the Commissioner or an AFP member; or

  (b)   if the order specifies the ACC as the law enforcement authority to which information is to be given--the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002 ) or a member of the staff of the ACC (within the meaning of that Act); or

  (c)   an officer or agent of the institution, for the purpose of ensuring that the order is complied with; or

  (d)   a barrister or solicitor, for the purpose of obtaining legal advice or representation in relation to the order.

  (2)   A person of a kind referred to in paragraph   ( 1)(a), (b), (c) or (d) to whom a disclosure of the existence or operation of a monitoring order has been made (whether in accordance with subsection   ( 1) or a previous application of this subsection or otherwise) shall not:

  (a)   while he or she is such a person--disclose the existence or operation of the order except to another person of a kind referred to in paragraph   ( 1)(a), (b), (c) or (d) for the purposes of:

  (i)   if the disclosure is made by the Commissioner, an AFP member, or the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002 ) or a member of the staff of the ACC (within the meaning of that Act) --the performance of that person's duties;

  (ii)   if the disclosure is made by an officer or agent of the institution--ensuring that the order is complied with or obtaining legal advice or representation in relation to the order; or

  (iii)   if the disclosure is made by a barrister or solicitor--giving legal advice or making representations in relation to the order; or

  (b)   when he or she is no longer such a person--make a record of, or disclose, the existence or the operation of the order in any circumstances.

  (3)   Nothing in subsection   ( 2) prevents the disclosure by a person of a kind referred to in paragraph   ( 1)(a) or (b) of the existence or operation of a monitoring order:

  (a)   for the purposes of, or in connection with, legal proceedings; or

  (b)   in the course of proceedings before a court.

  (4)   A person of a kind referred to in paragraph   ( 1)(a) or (b) shall not be required to disclose to any court the existence or operation of a monitoring order.

  (5)   A person who contravenes subsection   ( 1) or (2) commits an offence against this subsection punishable, upon conviction, by:

  (a)   if the person is a natural person-- imprisonment for a period not exceeding 10 years or a fine not exceeding 200 penalty units , or both; or

  (b)   if the person is a body corporate--a fine not exceeding 1,000 penalty units .

  (7)   A reference in this section to disclosing the existence or operation of a monitoring order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the monitoring order.