Australian Capital Territory Numbered Acts

PROCEEDS OF CRIME ACT 1991 (NO. 103 OF 1991) - SECT 70

70. (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 except—

        (a)     a police officer;

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

        (c)     a barrister or solicitor, for the purposes of obtaining legal advice or representation in relation to the order.

(2) A person of a kind referred to in paragraph (1) (a), (b) or (c) to whom a disclosure of the existence or operation of a monitoring order has been made (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 paragraph (1) (a), (b) or (c) for the purposes of—

              (i)     if the disclosure is made by a police officer—the performance of that person's duties;

              (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 a barrister or solicitor—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.

(3) Nothing in subsection (2) prevents the disclosure by a police officer 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 police officer shall not be required to disclose to any court the existence or operation of a monitoring order.

(5) A person who contravenes subsection (1) or (2) is guilty of an offence against this subsection punishable, upon conviction, by—

        (a)     if the person is a natural person—a fine not exceeding $20,000 or imprisonment for a period not exceeding 2 years, or both; or

        (b)     if the person is a body corporate—a fine not exceeding $100,000.

(6) 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.

Division 4—Obligations of financial institutions