31LOffence to disclose existence of freezing order

31L Offence to disclose existence of freezing order (1) While a freezing order is in force, a financial institution that has been given notice of a freezing order must not disclose the existence or operation of the freezing order to any person except— S. 31L(1)(a) substituted by No. 37/2014 s. 10(Sch. item 25.6(a)), amended by Nos 44/2022 s. 28(1), 26/2024 s. 9(1). (a) a police officer or an investigative officer; or (b) an officer or agent of the financial institution, for the purpose of ensuring that the freezing order is complied with; or (c) a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the freezing order; or (d) a person in whose name the account is held or who has an interest in the account in respect of which the freezing order is made. (2) While a freezing order is in force, a person to whom the existence or operation of the freezing order is disclosed in accordance with subsection (1) must not— (a) while he or she is a person of a kind referred to in paragraph (a), (b) or (c) of subsection (1) disclose the existence or operation of the freezing order to any person except another person of that kind for the purpose of— S. 31L(2)(a)(i) amended by Nos 37/2014 s. 10(Sch. item 25.6(b)), 44/2022 s. 28(2), 26/2024 s. 9(2). (i) if the disclosure is made by a police officer or an investigative officer, the performance of the police officer's or investigative officer's duties; or (ii) if the disclosure is made by an officer or agent of the financial institution, ensuring that the freezing order is complied with or obtaining legal advice or representation in relation to the freezing order; or (iii) if the disclosure is made by a legal practitioner, giving legal advice or providing representation in relation to the freezing order; or (b) when he or she is no longer a person of a kind referred to in paragraph (a), (b) or (c) of subsection (1), make a record of, or disclose, the existence or operation of the freezing order in any circumstances. (3) Nothing in subsection (2) prevents the disclosure by a person of a kind referred to in paragraph (a), (b) or (c) of subsection (1) of the existence or operation of a freezing order— (4) Nothing in subsection (2) prevents the disclosure by a person of a kind referred to in paragraph (a) of subsection (1) of the existence or operation of a freezing order for the purposes of a report under section 139A(1). S. 31L(5) amended by Nos 37/2014 s. 10(Sch. item 25.6(c)), 44/2022 s. 28(3), 26/2024 s. 9(3). (5) While a freezing order is in force, a police officer or an investigative officer must not be required to disclose to any court the existence or operation of the freezing order. (6) A reference in this section to disclosing the existence or operation of a freezing 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 freezing order. (7) An offence against subsection (1) is a summary offence. S. 31M (Heading) inserted by No. 104/2003 s. 5(5)(a). S. 31M inserted by No. 63/2003 s. 10, amended by No. 104/2003 s. 5(5)(b).