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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 109 Disclosing information

CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 109

Disclosing information

(1)  An organisation, or an officer of an organisation, may disclose information to any one or more of the following without contravening section 108 :
(a) the DPP, a police officer or a member of the Australian Crime Commission;
(b) an officer of the organisation, for the purposes of giving information under section 86 or section 88 ;
(c) an officer of the organisation, for the purposes of ensuring that –
(i) a requirement of a notice under section 87 is complied with; or
(ii) a notice under section 88 is complied with;
(d) an Australian legal practitioner, for the purposes of obtaining legal advice in relation to –
(i) giving information under section 86 ; or
(ii) complying with a notice under section 87 ; or
(iii) complying with a notice under section 88 ;
(e) an officer of the organisation, for the purposes of ensuring that a document production order, examination order, monitoring order or suspension order is complied with;
(f) an Australian legal practitioner, for the purposes of obtaining legal advice in relation to a document production order, examination order, monitoring order or suspension order.
(2)  An individual who is not acting in the capacity of an officer of an organisation, or in the capacity of an Australian legal practitioner, may disclose information to any one or more of the following without contravening section 108 :
(a) the DPP, a police officer or a member of the Australian Crime Commission;
(b) an Australian legal practitioner, for the purposes of obtaining legal advice in relation to a document production order, examination order, monitoring order or suspension order.
(3)  An Australian legal practitioner to whom information is disclosed under subsection (1) or (2) may disclose the information, without contravening section 108 , to a person to whom it may have been disclosed under that subsection for the purpose of giving legal advice in relation to the matter disclosed.
(4)  Subject to subsection (5) , a person (except an Australian legal practitioner) to whom information is disclosed under subsection (1) or (2) may disclose the information to another person to whom it might have been disclosed under that subsection.
(5)  If information about a particular matter may only be disclosed under subsection (1) or (2) in particular circumstances or for a particular purpose, a person must not disclose the information under subsection (4) except in those circumstances or for that purpose.
(6)  A person to whom information about a particular matter is disclosed under this section must not disclose the information to anyone, other than a police officer, the DPP or a member of the Australian Crime Commission, if the person ceases to be a person of a kind to whom the information may be disclosed.
Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 5 years, or both.