NSWIn ForceAct
Criminal Assets Recovery Act 1990
51COffences relating to notices
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#### 51C Offences relating to notices
51C Offences relating to notices
> > (1) A financial institution commits an offence if—
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> > > (a) the financial institution makes a statement, whether orally, in a document or in another way, and
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> > > (b) the statement—
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> > > > (i) is false or misleading, or
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> > > > (ii) omits a matter or thing without which the statement is misleading, and
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> > > (c) the statement is made in connection with a notice under section 51A.
>
> > (2) A financial institution commits an offence if—
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> > > (a) the financial institution is given a notice under section 51A, and
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> > > (b) the notice specifies that information about the notice must not be disclosed, and
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> > > (c) the financial institution discloses the existence or nature of the notice.
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> > (3) A financial institution commits an offence if—
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> > > (a) the financial institution is given a notice under section 51A, and
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> > > (b) the financial institution fails to comply with the notice.
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> > (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.
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> > (5) It is a defence to an offence against subsection (3) if—
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> > > (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
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> > > (b) the financial institution took all reasonable steps to provide the information or document within the period, and
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> > > (c) the financial institution provides the information or document as soon as practicable after the end of the period.
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> > (6) In this section—
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> > financial institution includes an officer, employee or agent of the institution acting in the course of the person’s employment or agency.
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> > law enforcement agency has the same meaning as in the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066).
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> Maximum penalty—1,000 penalty units.
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> **s 51C:** Ins 2022 No 55, Sch 3\[28\].