Australian Capital Territory Repealed Acts

This legislation has been repealed.

PROCEEDS OF CRIME ACT 1991 NO 103 (REPEALED) - SECT 70

    (1)     A financial institution that is, or has been, subject to a monitoring order shall not disclose the existence or the operation of the order to any person except—

        (a)     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)     a legal practitioner, for the purposes of obtaining legal advice or representation in relation to the order.

    (2)     A person of a kind referred to in subsection (1) (a), (b) or (c) to whom a disclosure of the existence or operation of a monitoring order has been made (whether in accordance with subsection (1) or a previous application of this subsection or otherwise) shall not—

        (a)     while he or she is such a person, disclose the existence or operation of the order except to another person of a kind referred to in subsection (1) (a), (b) or (c) for the purposes of—

              (i)     if the disclosure is made by 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 a 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 the operation of the order in any circumstances.

    (3)     Nothing in subsection (2) prevents the disclosure by a police officer 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.

    (4)     A police officer shall not be required to disclose to any court the existence or operation of a monitoring order.

    (5)     A person who contravenes subsection (1) or (2) commits an offence.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

    (6)         A reference in this section 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.