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s 70

Disclosure of certain information restricted, offence

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Part 5Investigation and search
Division 5Secrecy requirements

70 Disclosure of certain information restricted, offence

(1)

A person must not make a disclosure to anyone, except as permitted under section 71, about —

(a)

the fact that a financial institution, or an officer of a financial institution, intends to give or has given information to the DPP, a police officer or an authorised CCC officer under section 53; or

(b)

the nature of any information given under section 53; or

(c)

the fact that a requirement or a response to it has been or is to be made under section 54; or

(d)

the content of a requirement or response made under section 54; or

(e)

the fact that the person or anyone else is or has been subject to a production order, an examination order, a monitoring order or a suspension order; or

(f)

the contents of any examination order, production order, monitoring order or suspension order.

Penalty: $100 000, or imprisonment for 5 years, or both.

(2)

Without limiting subsection (1), a person makes a disclosure for the purposes of the subsection if the person —

(a)

discloses information to a person from which the person could reasonably be expected to infer that a requirement or response under section 54 has been or is to be made; or

(b)

discloses information to a person from which the person could reasonably be expected to infer anything about the nature or contents of a requirement or response under section 54; or

(c)

makes or keeps a record of any information about a requirement or response under section 54; or

(d)

discloses anything about the existence or operation of an examination order, a production order, a monitoring order or a suspension order; or

(e)

discloses information to a person from which the person could reasonably be expected to infer anything about the existence or operation of an examination order, a production order, a monitoring order or a suspension order; or

(f)

makes or keeps a record of any information about the existence or operation of an examination order, a production order, a monitoring order or a suspension order.

[Section 70 amended: No. 10 of 2018 s. 57.]

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