71COffences relating to notices

#### 71C Offences relating to notices 71C Offences relating to notices > > (1) A financial institution commits an offence if— > > > > > (a) the financial institution makes a statement, whether orally, in a document or in another way, and > > > > > (b) the statement— > > > > > > > (i) is false or misleading, or > > > > > > > (ii) omits a matter or thing without which the statement is misleading, and > > > > > (c) the statement is made in connection with a notice given to the financial institution under section 71A. > > > (2) A financial institution commits an offence if— > > > > > (a) the financial institution is given a notice under section 71A, and > > > > > (b) the notice specifies that information about the notice must not be disclosed, and > > > > > (c) the financial institution discloses the existence or nature of the notice. > > > (3) A financial institution commits an offence if— > > > > > (a) the financial institution is given a notice under section 71A, and > > > > > (b) the financial institution fails to comply with the notice. > > > (4) A financial institution does not commit an offence under this section if the financial institution discloses the existence or nature of the notice to a law enforcement agency monitoring an account specified in the notice. > > > (5) It is a defence to an offence against subsection (3) if— > > > > > (a) the financial institution fails to comply with the notice only because the financial institution does not provide the information or a document within the period specified in the notice, and > > > > > (b) the financial institution took all reasonable steps to provide the information or document within the period, and > > > > > (c) the financial institution provides the information or document as soon as practicable after the end of the period. > > > (6) In this section— > > > > financial institution includes an officer, employee or agent of the institution acting in the course of the person’s employment or agency. > > > > law enforcement agency has the same meaning as in the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066). > > Maximum penalty—1,000 penalty units. > > **s 71C:** Ins 2022 No 55, Sch 1\[17\].