South Australian Numbered Acts South Australian Numbered Acts169—Disclosing existence or operation of monitoring order
(1) A person who
discloses the existence or the operation of a monitoring order to another
person and the disclosure—
(a) is
not to a person specified in subsection (4); and
(b) is
not for a purpose specified in subsection (4),
is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 4 years.
(2) A person who
discloses information to another person from which the other person could
infer the existence or operation of a monitoring order, and the
disclosure—
(a) is
not to a person specified in subsection (4); and
(b) is
not for a purpose specified in subsection (4),
is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 4 years.
(3) A person
who—
(a)
receives information relating to a monitoring order in accordance with
subsection (4); and
(b)
ceases to be a person to whom information could be disclosed in accordance
with subsection (4); and
(c)
makes a record of, or discloses, the existence or the operation of the order,
is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 4 years.
(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 section 166(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.