Proceeds of Crime Act 2002

Schedule 1 - Information gathering by participating States and self-governing Territories  

Note:

See section 14M .

PART 1 - PRODUCTION ORDERS  

SECTION 9   Disclosing existence or nature of production orders  

9(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.

9(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.

9(3)    
Subclauses (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 *production 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 subclause (3): see subsection 13.3(3) of the Criminal Code .