New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 70

70 Existence and operation of monitoring order not to be disclosed

(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 (including the person to whom the order relates) except--

(a) if the order specifies the Commissioner of Police as the prescribed authority to which information is to be given--the Commissioner of Police or a member of the Police Force, or

(b) if the order specifies some other prescribed authority as the authority to which information is to be given--a member, or member of staff, of the authority, or

(c) an officer or agent of the institution, for the purpose of ensuring that the order is complied with, or

(d) an Australian legal practitioner, for the purpose of obtaining legal advice or representation in relation to the order.

: Maximum penalty--1,000 penalty units.

(2) A person of a kind referred to in subsection (1) (a), (b), (c) or (d) to whom the existence or operation of a monitoring order has been disclosed (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), (c) or (d) for the purpose of--

(i) if the disclosure is made by a person referred to in subsection (1) (a) or (b)--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 an Australian 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.

: Maximum penalty--10 penalty units or imprisonment for 2 years, or both.

(3) Nothing in subsection (2) prevents the disclosure by a person of a kind referred to in subsection (1) (a) or (b) 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 person of a kind referred to in subsection (1) (a) or (b) shall not be required to disclose to any court the existence or operation of a monitoring order.

(5) 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.