Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 31L

Offence to disclose existence of freezing order

31L. Offence to disclose existence of freezing order



(1) While a freezing order is in force, a financial institution that has been
given notice of a freezing order must not disclose the existence or operation
of the freezing order to any person except-

   (a)  a member of the police force; 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 in respect of which the freezing order is made.

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





(2) While a freezing order is in force, a person to whom the existence or
operation of the freezing order 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) or (c) of subsection (1) disclose the existence or operation of
        the freezing order to any person except another person of that kind
        for the purpose of-

   (i)  if the disclosure is made by a member of the police force, the
        performance of the member's duties; or

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

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

   (b)  when he or she is no longer a person of a kind referred to in
        paragraph (a), (b) or (c) of subsection (1), make a record of, or
        disclose, the existence or operation of the freezing order 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) or (c) of subsection (1) of the existence or
operation of a freezing order-

   (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) of subsection (1) of the existence or operation
of a freezing order for the purposes of a report under section 139A(1).

(5) While a freezing order is in force, a member of the police force must not
be required to disclose to any court the existence or operation of the
freezing order.

(6) 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.

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