Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-2 - PRODUCTION ORDERS  

SECTION 210   Disclosing existence or nature of production orders  

210(1)    

A person commits an offence if:

(a) the person is given a * production order; and

(b) the order specifies that information about the order must not be disclosed; and

(c) the person discloses the existence or nature of the order to another person.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

210(2)    

A person commits an offence if:

(a) the person is given a * production order; and

(b) the order specifies that information about the order must not be disclosed; and

(c) the person discloses information to another person; and

(d) that other person could infer the existence or nature of the order from that information.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

210(3)    
Subsections (1) and (2) do not apply if:

(a) the person discloses the information to an employee, * agent or other person in order to obtain a document that is required by the order in order to comply with it, and that other person is directed not to inform the person to whom the document relates about the matter; or

(b) the disclosure is made to obtain legal advice or legal representation in relation to the order; or

(c) the disclosure is made for the purposes of, or in the course of, legal proceedings.

Note:

A defendant bears an evidential burden in relation to the matters in subsection (3): see subsection 13.3(3) of the Criminal Code .