Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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) if the order specifies the Australian Federal Police as the law enforcement authority to which information is to be given--the Commissioner or an AFP member; or
(b) if the order specifies the ACC as the law enforcement authority to which information is to be given--the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002 ) or a member of the staff of the ACC (within the meaning of that Act); or
(c) an officer or agent of the institution, for the purpose of ensuring that the order is complied with; or
(d) a barrister or solicitor, for the purpose of obtaining legal advice or representation in relation to the order.
(2) A person of a kind referred to in paragraph ( 1)(a), (b), (c) or (d) 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), (c) or (d) for the purposes of:
(i) if the disclosure is made by the Commissioner, an AFP member, or the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002 ) or a member of the staff of the ACC (within the meaning of that Act) --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 person of a kind referred to in paragraph ( 1)(a) or (b) 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 person of a kind referred to in paragraph ( 1)(a) or (b) 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) commits an offence against this subsection punishable, upon conviction, by:
(a) if the person is a natural person-- imprisonment for a period not exceeding 10 years or a fine not exceeding 200 penalty units , or both; or
(b) if the person is a body corporate--a fine not exceeding 1,000 penalty units .
(7) 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.