(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.