74Existence and operation of monitoring order not to be disclosed

#### 74 Existence and operation of monitoring order not to be disclosed (1) A financial institution that is, or has been, subject to a monitoring order shall not disclose the existence or the operation of the order to any person except: (a) if the order specifies the Australian Federal Police as the law enforcement authority to which information is to be given—the Commissioner or an AFP member; or (b) if the order specifies the ACC as the law enforcement authority to which information is to be given—the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC (within the meaning of that Act); or (c) an officer or agent of the institution, for the purpose of ensuring that the order is complied with; or (d) a barrister or solicitor, for the purpose of obtaining legal advice or representation in relation to the order. (2) A person of a kind referred to in paragraph (1)(a), (b), (c) or (d) to whom a disclosure of the existence or operation of a monitoring order has been made (whether in accordance with subsection (1) or a previous application of this subsection or otherwise) shall not: (a) while he or she is such a person—disclose the existence or operation of the order except to another person of a kind referred to in paragraph (1)(a), (b), (c) or (d) for the purposes of: (i) if the disclosure is made by the Commissioner, an AFP member, or the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC (within the meaning of that Act)—the performance of that person’s duties; (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 a barrister or solicitor—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 the operation of the order in any circumstances. (3) Nothing in subsection (2) prevents the disclosure by a person of a kind referred to in paragraph (1)(a) or (b) 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. (4) A person of a kind referred to in paragraph (1)(a) or (b) shall not be required to disclose to any court the existence or operation of a monitoring order. (5) A person who contravenes subsection (1) or (2) commits an offence against this subsection punishable, upon conviction, by: (a) if the person is a natural person—imprisonment for a period not exceeding 10 years or a fine not exceeding 200 penalty units, or both; or (b) if the person is a body corporate—a fine not exceeding 1,000 penalty units. (7) A reference in this section 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.