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CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 23

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 23

23—Offence to disclose existence of freezing order

        (1)         A financial institution that has been given notice of a freezing order made in relation to an account must not, while the order is in force, disclose the existence or operation of the order to any person except—

            (a)         a police officer; or

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

            (c)         a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the freezing order; or

            (d)         a person in whose name the account is held or who has an interest in the account.

Maximum penalty: $20 000.

        (2)         If the existence of a freezing order is disclosed to a person in accordance with subsection (1)(a), (b) or (c) in the course of the person performing duties as a police officer, an officer or agent of a financial institution or a legal practitioner, the person must not, while the order is in force, disclose to any other person the existence or operation of the order except—

            (a)         for the purpose of performing duties as a police officer, an officer or agent of the financial institution or a legal practitioner (as the case may be); or

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

            (c)         as otherwise required or authorised by this Act.

Maximum penalty: $5 000 or imprisonment for 1 year.

        (3)         A reference in this section to disclosing the existence or operation of a freezing 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 freezing order.