57Confidentiality of monitoring orders

57 Confidentiality of monitoring orders

(1)  In this section a reference 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.

(2)  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 other than –

(a) the Commissioner or a police officer; or

(b) an officer or agent of the institution for the purpose of ensuring that the order is complied with; or

(c) [Section 57 Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] an Australian legal practitioner for the purpose of obtaining legal advice or representation in relation of the order.

Penalty:  Fine not exceeding 1 000 penalty units.

(3)  A person referred to in subsection (2) to whom a disclosure of the existence or operation of a monitoring order has been made must not –

(a) while he or she is such a person – disclose the existence or operation of the order other than to another person referred to in subsection (2) for the purposes of –

(i) if the disclosure is made by the Commissioner or a police officer – 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) [Section 57 Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] 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 operation of the order.

Penalty:  A fine not exceeding 200 penalty units or imprisonment for a term not exceeding 10 years, or both.