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) [*\[Section 57 Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja20@GC2@Hpa@EN) 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)](#GS57@Gs2@EN) 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)](#GS57@Gs2@EN) 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) [*\[Section 57 Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja20@GC2@Hpb@EN) 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. > > > (4)  A person referred to in [subsection (2)](#GS57@Gs2@EN) [(a)](#GS57@Gs2@Hpa@EN) or [(b)](#GS57@Gs2@Hpb@EN) is not required to disclose to any court the existence or operation of a monitoring order. > > > (5)  Nothing in [subsection (3)](#GS57@Gs3@EN) prevents the disclosure by a person referred to in [subsection (2)](#GS57@Gs2@EN) [(a)](#GS57@Gs2@Hpa@EN) or [(b)](#GS57@Gs2@Hpb@EN) 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.