Disclosing existence or operation of monitoring order

Current

(1)

A person who discloses the existence or the operation of a monitoring order to another person and the disclosure—

(a)

is not to a person specified in subsection (4);

and

(b)

is not for a purpose specified in subsection (4), is guilty of an offence.

Maximum penalty: $20 000 or imprisonment for 4 years.

(2)

A person who discloses information to another person from which the other person could infer the existence or operation of a monitoring order, and the disclosure—

(a)

is not to a person specified in subsection (4);

and

(b)

is not for a purpose specified in subsection (4), is guilty of an offence.

Maximum penalty: $20 000 or imprisonment for 4 years.

(3)

A person who—

(a)

receives information relating to a monitoring order in accordance with subsection (4);

and

(b)

ceases to be a person to whom information could be disclosed in accordance with subsection (4);

and

(c)

makes a record of, or discloses, the existence or the operation of the order, is guilty of an offence.

Maximum penalty: $20 000 or imprisonment for 4 years.

(4)

A person may disclose the existence or the operation of a monitoring order to the following persons for the following purposes:

(a)

the head of the enforcement agency specified under section 166(1)(d) or an authorised officer of that agency—

(i)

for the purpose of performing that person's duties; or

(ii)

for the purpose of, or for purposes connected with, legal proceedings;

(iii)

for purposes arising in the course of proceedings before a court;

(b)

the

Director of AUSTRAC, or a member of the staff of AUSTRAC who is authorised by the Director of AUSTRAC as a person who may be advised of the existence of a monitoring order—

(i)

for the purpose of performing that person's duties; or

(ii)

for the purpose of, or for purposes connected with, legal proceedings;

(iii)

for purposes arising in the course of proceedings before a court;

(c)

an officer or agent of the financial institution for the purpose of ensuring that the order is complied with;

(d)

a barrister or solicitor for the purpose of obtaining legal advice or representation in relation to the order.

This Act’s bill:Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

169 Disclosing existence or operation of monitoring order