70Existence and operation of monitoring order not to be disclosed

#### 70 Existence and operation of monitoring order not to be disclosed 70 Existence and operation of monitoring order not to be disclosed > > (1) A financial institution that is, or has been, subject to a monitoring order shall not disclose the existence or the operation of the order to any person (including the person to whom the order relates) except— > > > > > (a) if the order specifies the Commissioner of Police as the prescribed authority to which information is to be given—the Commissioner of Police or a member of the Police Force, or > > > > > (b) if the order specifies some other prescribed authority as the authority to which information is to be given—a member, or member of staff, of the authority, or > > > > > (c) an officer or agent of the institution, for the purpose of ensuring that the order is complied with, or > > > > > (d) an Australian legal practitioner, for the purpose of obtaining legal advice or representation in relation to the order. > > > > Maximum penalty—1,000 penalty units. > > > (2) A person of a kind referred to in subsection (1) (a), (b), (c) or (d) to whom the existence or operation of a monitoring order has been disclosed (whether in accordance with subsection (1) or a previous application of this subsection or otherwise) shall not— > > > > > (a) while he or she is such a person—disclose the existence or operation of the order, except to another person of a kind referred to in subsection (1) (a), (b), (c) or (d) for the purpose of— > > > > > > > (i) if the disclosure is made by a person referred to in subsection (1) (a) or (b)—the performance of that person’s duties, or > > > > > > > (ii) if the disclosure is made by an officer or agent of the 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 an Australian legal practitioner—giving legal advice, or making representations, in relation to the order, or > > > > > (b) when he or she is no longer such a person—make a record of, or disclose, the existence or the operation of the order in any circumstances. > > > > Maximum penalty—10 penalty units or imprisonment for 2 years, or both. > > > (3) Nothing in subsection (2) prevents the disclosure by a person of a kind referred to in subsection (1) (a) or (b) of the existence or operation of a monitoring order— > > > > > (a) for the purposes of, or in connection with, legal proceedings, or > > > > > (b) in the course of proceedings before a court. > > > (4) A person of a kind referred to in subsection (1) (a) or (b) shall not be required to disclose to any court the existence or operation of a monitoring order. > > > (5) 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. > > **s 70:** Am 2005 No 98, Sch 3.11.