118Existence and operation of monitoring order not to be disclosed

118 Existence and operation of monitoring order not to be disclosed (1) A financial institution that is, or has been, subject to a monitoring order must not disclose the existence or operation of the order to any person (including the person to whom the order relates) except— S. 118(1)(a) amended by No. 37/2014 s. 10(Sch. item 25.20). (a) if the order specifies Victoria Police as the law enforcement agency to which information is to be given—a police officer; or (b) if the order specifies another authority or person as the law enforcement agency to which information is to be given—a member, or member of the staff, of the agency; or (c) an officer or agent of the financial institution, for the purpose of ensuring that the order is complied with; or (d) a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the order. (2) The law enforcement agency to which information is given under a monitoring order must give that information to a prescribed person authorised by the Minister for the purposes of this subsection. (3) A person to whom the existence or operation of a monitoring order is disclosed in accordance with subsection (1) or to whom information is given under subsection (2) must not— (a) while he or she is a person of a kind referred to in paragraph (a), (b), (c) or (d) of subsection (1) or a person referred to in subsection (2), disclose the existence or operation of the order to any person except another person of that kind for the purpose of— (i) if the disclosure is made by a person of a kind referred to in paragraph (a) or (b) of subsection (1) or a person referred to in subsection (2)—the performance of his or her duties; or (ii) if the disclosure is made by an officer or agent of the financial institution—ensuring that the order is complied with or obtaining legal advice or representation in relation to the order; or (iii) if the disclosure is made by a legal practitioner—giving legal advice or providing representation in relation to the order; or (b) when he or she is no longer a person of a kind referred to in paragraph (a), (b), (c) or (d) of subsection (1) or a person referred to in subsection (2), make a record of, or disclose, the existence or operation of the order in any circumstances. (4) Nothing in subsection (3) prevents the disclosure by a person of a kind referred to in paragraph (a) or (b) of subsection (1) or a person referred to in subsection (2) of the existence or operation of a monitoring order— (5) A person of a kind referred to in paragraph (a) or (b) of subsection (1) or a person referred to in subsection (2) must not be required to disclose to any court the existence or operation of a monitoring order. (6) A reference in this section to disclosing the existence or operation of a monitoring order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the monitoring order. (7) An offence against subsection (1) is a summary offence. Pt 13 Div. 3A (Heading and ss 118A–118M) inserted by No. 63/2003 s. 29.