Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this section a reference 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.
(2) A financial institution that is, or has been, subject to a monitoring order must not disclose the existence or operation of the order to any person other than –
(a) the Commissioner or a police officer; or
(b) an officer or agent of the institution for the purpose of ensuring that the order is complied with; or
(c) an Australian legal practitioner for the purpose of obtaining legal advice or representation in relation of the order.
Penalty:
Fine not exceeding 1 000 penalty units.
(3) A person referred to in subsection (2) to whom a disclosure of the existence or operation of a monitoring order has been made must not –
(a) while he or she is such a person – disclose the existence or operation of the order other than to another person referred to in subsection (2) for the purposes of –
(i) if the disclosure is made by the Commissioner or a police officer – the performance of that person's duties; or
(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 an Australian legal practitioner– 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 operation of the order.
Penalty:
A fine not exceeding 200 penalty units or imprisonment for a term not exceeding 10 years, or both.
(4) A person referred to in subsection (2)(a) or (b) is not required to disclose to any court the existence oroperation of a monitoring order.
(5) Nothing in subsection (3) prevents the disclosure by a person referred to in subsection (2)(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.