23—Offence to disclose existence of freezing order
(1) A financial
institution that has been given notice of a freezing order made in relation to
an account must not, while the order is in force, disclose the existence or
operation of the order to any person except—
(a) a
police officer; or
(b) an
officer or agent of the financial institution, for the purpose of ensuring
that the freezing order is complied with; or
(c) a
legal practitioner acting for the financial institution, for the purpose of
obtaining legal advice or representation in relation to the freezing order; or
(d) a
person in whose name the account is held or who has an interest in the
account.
Maximum penalty: $20 000.
(2) If the existence
of a freezing order is disclosed to a person in accordance with
subsection (1)(a), (b) or (c) in the course of the person performing
duties as a police officer, an officer or agent of a financial institution or
a legal practitioner, the person must not, while the order is in force,
disclose to any other person the existence or operation of the order
except—
(a) for
the purpose of performing duties as a police officer, an officer or agent of
the financial institution or a legal practitioner (as the case may be); or
(b) for
the purposes of, or in connection with, legal proceedings; or
(c) as
otherwise required or authorised by this Act.
Maximum penalty: $5 000 or imprisonment for 1 year.
(3) A reference in
this section to disclosing the existence or operation of a freezing 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 freezing order.