Victorian Current Acts

CONFISCATION ACT 1997 - SECT 120CA

    (1)     Subject to subsection (6), a person who is given, or has been given, a document request must not disclose the existence of the document request to any person (including the person to whom the request relates) except—

        (a)     to the person who made the request or a member or an officer or employee of the person who made the request; or

        (b)     to a person belonging to a prescribed class of persons; or

        (c)     if the request was made to an entity, to an officer or agent of the entity, for the purpose of ensuring that the request is complied with; or

        (d)     to a legal practitioner acting for the person to whom the request is or has been made, for the purpose of obtaining legal advice or representation in relation to the request; or

        (e)     to a person for the purpose of obtaining advice or assistance that may reasonably be required to comply with the request, if doing so is not reasonably likely to result in the person to whom the request relates becoming aware of the request.

Penalty:     Level 5 fine (1200 penalty units maximum).

    (2)     Subject to subsection (6), a person to whom the existence of a document request is disclosed in accordance with subsection (1) must not—

        (a)     while the person is a person referred to in subsection (1)(c), (d) or (e), disclose the existence of the request to any person except another person referred to in subsection (1)(c), (d) or (e) for the purpose of—

              (i)     if the disclosure is made by a person referred to in subsection (1)(c), ensuring that the document request is complied with or obtaining legal advice or representation in relation to the document request; or

              (ii)     if the disclosure is made by a person referred to in subsection (1)(d), giving legal advice or providing representation in relation to the request; or

              (iii)     if the disclosure is made by a person referred to in subsection (1)(e), providing advice or assistance that may reasonably be required to comply with the request; or

        (b)     when the person is no longer a person referred to in subsection (1)(c), (d) or (e), make a record of, or disclose, the existence of the request in any circumstances.

Penalty:     Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both.

    (3)     Nothing in subsection (2) prevents the disclosure by a person referred to in subsection (1)(c), (d) or (e) of the existence of a document request—

        (a)     for the purposes of, or in connection with, legal proceedings; or

        (b)     in the course of proceedings before a court.

    (4)     A reference in this section to disclosing the existence of a document request to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence of the document request.

    (5)     An offence against subsection (1) is a summary offence.

    (6)     It is not an offence under this section to disclose the existence of a document request if the existence of the document request has been made known in any proceedings in open court.

S. 120D inserted by No. 63/2003 s. 31, amended by No. 68/2010 s. 29(3).