Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-4 - MONITORING ORDERS  

SECTION 223   Disclosing existence or operation of monitoring order  

223(1)    

A person commits an offence if:

(a) the person discloses the existence or the operation of a * monitoring order to another person; and

(b) the disclosure is not to a person specified in subsection (4); and

(c) the disclosure is not for a purpose specified in subsection (4).

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

223(2)    

A person commits an offence if:

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

(b) the other person could infer the existence or operation of a * monitoring order from that information; and

(c) the disclosure is not to a person specified in subsection (4); and

(d) the disclosure is not for a purpose specified in subsection (4).

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

223(3)    

A person commits an offence if:

(a) the person receives information relating to a * monitoring order in accordance with subsection (4); and

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

(c) the person makes a record of, or discloses, the existence or the operation of the order.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

223(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 paragraph 220(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; or

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

(b) the Chief Executive Officer of * AUSTRAC, or a member of the staff of AUSTRAC who is authorised by the Chief Executive Officer 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; or

(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;

(e) a person who is or forms part of an authority with one or more functions under this Act for the purpose of facilitating the authority ' s performance of its functions under this Act;

(f) a person who is or forms part of an authority of the Commonwealth, or of a State, Territory or foreign country, that has a function of investigating or prosecuting crimes against a law of the Commonwealth, State, Territory or country for the purpose of assisting in the prevention, investigation or prosecution of a crime against that law;

(g) a person in the Australian Taxation Office for the purpose of protecting public revenue.

223(5)    

For the purposes of paragraph (4)(a) , the head of the *enforcement agency, that is the *Immigration and Border Protection Department, is the *Comptroller-General of Customs.