Criminal Asset Recovery Order, 2012 · s 105

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105. [1)
Any person who-
(a)
knows or has reason to suspect that an authorised officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conductea under or for the purposes of this Order and discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation; or
(b)
knows or has reason to suspect that a disclosure has been made to an authorised officer under this Order and discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure,
622
is guilty of an offence and liable on conviction to a fine not exceeding $500,000, imprisonment for a term not exceeding 5 years or both.
(2)
Nothing in subsection ( 1) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter -
(a} to his client or the client's representative in connection with the giving of advice to the client in the course and for the purpose of the professional employment of the advocate and solicitor; or
(b)
to any person in contemplation of, or in connection with and for the purpose of any legal proceedings.
(3)
Subsection (2) does not apply in relation to any information or other matter which is disclosed with a view of furthering an illegal purpose.
(4)
In proceedings against a person for an offence under this section, it is a defence to prove that -
(a} he did not know or suspect that the disclosure made under subsection (1)(b) was likely to prejudice the investigation; or
(b)
he had lawful authority or reasonable excuse for making the disclosure.
(5)
An authorised officer or other person does not commit an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement or intended enforcement of any provision of this Order or any other written law relating to a serious offence.

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s 105[1)

Any person who-

(a)

knows or has reason to suspect that an authorised officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conductea under or for the purposes of this Order and discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation; or

(b)

knows or has reason to suspect that a disclosure has been made to an authorised officer under this Order and discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure,

622

is guilty of an offence and liable on conviction to a fine not exceeding $500,000, imprisonment for a term not exceeding 5 years or both.

(2)

Nothing in subsection ( 1) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter -

(a} to his client or the client's representative in connection with the giving of advice to the client in the course and for the purpose of the professional employment of the advocate and solicitor; or

(b)

to any person in contemplation of, or in connection with and for the purpose of any legal proceedings.

(3)

Subsection (2) does not apply in relation to any information or other matter which is disclosed with a view of furthering an illegal purpose.

(4)

In proceedings against a person for an offence under this section, it is a defence to prove that -

(a} he did not know or suspect that the disclosure made under subsection (1)(b) was likely to prejudice the investigation; or

(b)

he had lawful authority or reasonable excuse for making the disclosure.

(5)

An authorised officer or other person does not commit an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement or intended enforcement of any provision of this Order or any other written law relating to a serious offence.