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)

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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.

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223(2)

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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.

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223(3)

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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.

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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;

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(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;

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(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;

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

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223(5)

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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.

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History

S 223(5) inserted by No 41 of 2015, s 3 and Sch 6 item 176, effective 1 July 2015. No 41 of 2015, s 3 and Sch 6 item 181 contains the following transitional provisions:

181 Transitional provisions
(1)
A notice mentioned in paragraph 15Q(2)(b) or subsection 15R(2) of the Proceeds of Crime Act 2002 that was given to Customs before the commencement of this item is taken on and after that commencement to have been given to the Immigration and Border Protection Department.

(2)
If:

(a) a freezing order under the Proceeds of Crime Act 2002 is made before, on or after the commencement of this item; and

(b) the order is made because of an application made by an authorised officer described in paragraph (c) of the definition of authorised officer in section 338 of that Act, as in force immediately before that commencement;
then, for the purposes of the application of paragraph 15Q(2)(b) or subsection 15R(2) of that Act in relation to that order on and after that commencement, the enforcement agency is taken to be the Immigration and Border Protection Department.

(3)
An application referred to in subsection 202(3) , 219(4) or 225(3) of the Proceeds of Crime Act 2002 that was made before the commencement of this item by an authorised officer described in paragraph (c) of the definition of authorised officer in section 338 of that Act and that was pending immediately before that commencement is taken on and after that commencement to be an application made by an authorised officer described in paragraph (c) of that definition (as amended by this Schedule).

(4)
A notice given by the Chief Executive Officer of Customs before the commencement of this item under subsection 213(1) of the Proceeds of Crime Act 2002 is taken on and after that commencement to have been given under that subsection by the Comptroller-General of Customs.

(5)
A monitoring order in force immediately before the commencement of this item that, under paragraph 220(1)(d) of the Proceeds of Crime Act 2002 , specifies Customs as the enforcement agency is taken on and after commencement, under that paragraph, to specify the Immigration and Border Protection Department as the enforcement agency.

(6)
If, immediately before the commencement of this item, the head of Customs was the responsible custodian of a thing under section 254 of the Proceeds of Crime Act 2002 , then on and after that commencement the Comptroller-General of Customs is taken to be the responsible custodian of that thing.

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