Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 192

Note     An offence against this section is a strict liability offence (see s (7)).

    (1)     A person commits an offence if the person publishes or discloses the existence or operation of a non-disclosable information order to someone else.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

    (2)     A person commits an offence if—

        (a)     the person publishes or discloses information to someone else; and

        (b)     the other person could infer from the information the existence or operation of a non-disclosable information order.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

    (3)     Subsections (1) and (2) do not apply if the publication or disclosure is made to any of the following entities in the circumstances mentioned for the entity:

        (a)     a police officer—in any circumstances;

        (b)     an officer, employee or agent of the person—to ensure that the order is complied with and the person to whom the publication or disclosure is made is given notice of the offences against this section by the person making the publication or disclosure;

        (c)     a lawyer—to obtain legal advice or representation in relation to the order;

        (d)     a relevant court—with the court's leave.

Note     The application for leave, and any proceeding with the court's leave, must be heard in closed court (see s (8)).

    (4)     Also, subsections (1) and (2) do not apply if the publication or disclosure is made—

        (a)     by a police officer in the exercise of the officer's functions; or

        (b)     for the purpose of giving or obtaining legal advice, or making legal representations, in relation to the order.

    (5)     A person commits an offence if—

        (a)     the person receives information in relation to a non-disclosable information order in accordance with subsection (3) or (4); and

        (b)     the person ceases to be a person mentioned in subsection (3) or (4); and

        (c)     the person publishes or discloses the existence or operation of the order to someone else.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

    (6)     A person commits an offence if—

        (a)     the person receives information in relation to a non-disclosable information order in accordance with subsection (3) or (4); and

        (b)     the person ceases to be a person mentioned in subsection (3) or (4); and

        (c)     the person publishes or discloses information to someone else; and

        (d)     the other person could infer from the information the existence or operation of the order.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

    (7)     An offence against this section is a strict liability offence.

    (8)     For subsection (3) (d), an application for leave, and any proceeding with the court's leave, must be heard in closed court.