New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 71C

71C Offences relating to notices

(1) A financial institution commits an offence if--

(a) the financial institution makes a statement, whether orally, in a document or in another way, and

(b) the statement--

(i) is false or misleading, or

(ii) omits a matter or thing without which the statement is misleading, and

(c) the statement is made in connection with a notice given to the financial institution under section 71A.

(2) A financial institution commits an offence if--

(a) the financial institution is given a notice under section 71A, and

(b) the notice specifies that information about the notice must not be disclosed, and

(c) the financial institution discloses the existence or nature of the notice.

(3) A financial institution commits an offence if--

(a) the financial institution is given a notice under section 71A, and

(b) the financial institution fails to comply with the notice.

(4) A financial institution does not commit an offence under this section if the financial institution discloses the existence or nature of the notice to a law enforcement agency monitoring an account specified in the notice.

(5) It is a defence to an offence against subsection (3) if--

(a) the financial institution fails to comply with the notice only because the financial institution does not provide the information or a document within the period specified in the notice, and

(b) the financial institution took all reasonable steps to provide the information or document within the period, and

(c) the financial institution provides the information or document as soon as practicable after the end of the period.

(6) In this section--

"financial institution" includes an officer, employee or agent of the institution acting in the course of the person's employment or agency.

"law enforcement agency" has the same meaning as in the Crime Commission Act 2012 .

: Maximum penalty--1,000 penalty units.