PROCEEDS OF CRIME ACT 2002 - SECT 223 Disclosing existence or operation of monitoring order

PROCEEDS OF CRIME ACT 2002 - SECT 223

  (1)   A person commits an offence if:

  (a)   the person discloses the existence or the operation of a * monitoring order to another person; and

  (b)   the disclosure is not to a person specified in subsection   (4); and

  (c)   the disclosure is not for a purpose specified in subsection   (4).

Penalty:   Imprisonment for 5 years or 300 penalty units, or both.

  (2)   A person commits an offence if:

  (a)   the person discloses information to another person; and

  (b)   the other person could infer the existence or operation of a * monitoring order from that information; and

  (c)   the disclosure is not to a person specified in subsection   (4); and

  (d)   the disclosure is not for a purpose specified in subsection   (4).

Penalty:   Imprisonment for 5 years or 300 penalty units, or both.

  (3)   A person commits an offence if:

  (a)   the person receives information relating to a * monitoring order in accordance with subsection   (4); and

  (b)   the person ceases to be a person to whom information could be disclosed in accordance with subsection   (4); and

  (c)   the person makes a record of, or discloses, the existence or the operation of the order.

Penalty:   Imprisonment for 5 years or 300 penalty units, or both.

  (4)   A person may disclose the existence or the operation of a * monitoring order to the following persons for the following purposes:

  (a)   the head of the * enforcement agency specified under paragraph   220(1)(d) or an * authorised officer of that agency:

  (i)   for the purpose of performing that person's duties; or

  (ii)   for the purpose of, or for purposes connected with, legal proceedings; or

  (iii)   for purposes arising in the course of proceedings before a court;

  (b)   the Chief Executive Officer of * AUSTRAC, or a member of the staff of AUSTRAC who is authorised by the Chief Executive Officer of AUSTRAC as a person who may be advised of the existence of a monitoring order:

  (i)   for the purpose of performing that person's duties; or

  (ii)   for the purpose of, or for purposes connected with, legal proceedings; or

  (iii)   for purposes arising in the course of proceedings before a court;

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

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

  (e)   a person who is or forms part of an authority with one or more functions under this Act for the purpose of facilitating the authority's performance of its functions under this Act;

  (f)   a person who is or forms part of an authority of the Commonwealth, or of a State, Territory or foreign country, that has a function of investigating or prosecuting crimes against a law of the Commonwealth, State, Territory or country for the purpose of assisting in the prevention, investigation or prosecution of a crime against that law;

  (g)   a person in the Australian Taxation Office for the purpose of protecting public revenue.

  (5)   For the purposes of paragraph   (4)(a), the head of the * enforcement agency, that is the * Immigration and Border Protection Department, is the * Comptroller - General of Customs.