50Existence and operation of monitoring order not to be disclosed

50 Existence and operation of monitoring order not to be disclosed

50 Existence and operation of monitoring order not to be disclosed

(1) A financial institution that is, or has been, subject to a monitoring order is guilty of an offence if it discloses the existence or the operation of the order to any person (including the person to whom the order relates) except—

(a) the Commission or the person authorised by the Commission and named in the order, or

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

(c) 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 described in subsection (1) (a), (b) or (c) 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) is guilty of an offence if he or she—

(a) while still a person so described—discloses the existence or operation of the order, otherwise than to another person described in subsection (1) (a), (b) or (c) for the purpose of—

(i) if the disclosure is made by a person described 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) while no longer a person so described—makes a record of, or discloses, the existence or operation of the order in any circumstances.

Maximum penalty—100 penalty units or imprisonment for 2 years, or both.

(3) Nothing in subsection (2) prevents the disclosure by a person described in subsection (1) (a) 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.