CONFISCATION ACT 1997 - SECT 118K Offence to disclose existence of information notice

CONFISCATION ACT 1997 - SECT 118K

    (1)     Subject to subsection (7), a financial institution that is given, or has been given, an information notice must not disclose the existence of the information notice to any person (including the person to whom the notice relates) except—

S. 118K(1)(a) amended by No. 37/2014 s. 10(Sch. item 25.25).

        (a)     if the information notice specifies Victoria Police as the law enforcement agency to which the information is to be given, a police officer; or

        (b)     if the information notice specifies another authority or person as the law enforcement agency to which information is to be given, a member or an officer or an employee of the agency; or

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

        (d)     a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the information notice.

Penalty:     Level 5 fine (1200 penalty units maximum).

    (2)     Subject to subsection (7), a person to whom the existence of an information notice is disclosed in accordance with subsection (1) must not—

        (a)     while he or she is a person of a kind referred to in paragraph (a), (b), (c) or (d) of subsection (1), disclose the existence of the information notice to any person except another person of that kind for the purpose of—

              (i)     if the disclosure is made by a person of a kind referred to in paragraph (a) or (b) of subsection (1), the performance of his or her duties; or

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

              (iii)     if the disclosure is made by a legal practitioner, giving legal advice or providing representation in relation to the information notice; or

        (b)     when he or she is no longer a person of a kind referred to in paragraph (a), (b), (c) or (d) of subsection (1), make a record of, or disclose, the existence of the information notice in any circumstances.

Penalty:     Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both.

    (3)     Nothing in subsection (2) prevents the disclosure by a person of a kind referred to in paragraph (a), (b), (c) or (d) of subsection (1) of the existence of an information notice—

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

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

    (4)     Nothing in subsection (2) prevents the disclosure by a person of a kind referred to in paragraph (a) or (b) of subsection (1) of the existence of an information notice for the purposes of a report under section 139A(1) or (2).

    (5)     A reference in this section to disclosing the existence of an information notice to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence of the information notice.

    (6)     An offence against subsection (1) is a summary offence.

    (7)     It is not an offence under this section to disclose the existence of an information notice if the existence of the information notice has been made known in any proceedings in open court.

S. 118L inserted by No. 63/2003 s. 29.