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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 223

Disclosing existence or operation of monitoring order

(1) A person is guilty of an offence if:

(a)
the person discloses the existence or the operation of a * monitoring order to another person; and

(b)
the disclosure is not to a person specified in subsection (4); and

(c)
the disclosure is not for a purpose specified in subsection (4).

Maximum penalty: Imprisonment for 5 years or 300 penalty units, or both.

(2) A person is guilty of an offence if:

(a)
the person discloses information to another person; and

(b)
the other person could infer the existence or operation of a * monitoring order from that information; and

(c)
the disclosure is not to a person specified in subsection (4); and

(d)
the disclosure is not for a purpose specified in subsection (4).

Maximum penalty: Imprisonment for 5 years or 300 penalty units, or both.

(3) A person is guilty of an offence if:

(a)
the person receives information relating to a * monitoring order in accordance with subsection (4); and

(b)
the person ceases to be a person to whom information could be disclosed in accordance with subsection (4); and

(c)
the person makes a record of, or discloses, the existence or the operation of the order.

Maximum penalty: Imprisonment for 5 years or 300 penalty units, or both.

(4) A person may disclose the existence or the operation of a * monitoring order to the following persons for the following purposes:

(a)
the head of the * enforcement agency specified under paragraph 220(1)(d) or an * authorised officer of that agency:

(i)
for the purpose of performing that person's duties; or
(ii)
for the purpose of, or for purposes connected with, legal proceedings; or
(iii)
for purposes arising in the course of proceedings before a court;
(b)
the Director of * AUSTRAC, or a member of the staff of AUSTRAC who is authorised by the Director of AUSTRAC as a person who may be advised of the existence of a monitoring order:

(i)
for the purpose of performing that person's duties; or
(ii)
for the purpose of, or for purposes connected with, legal proceedings; or
(iii)
for purposes arising in the course of proceedings before a court;
(c)
an * officer or * agent of the * financial institution for the purpose of ensuring that the order is complied with;

(d)
a barrister or solicitor for the purpose of obtaining legal advice or representation in relation to the order.



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