Commonwealth Consolidated Acts

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 124

  (1)   In any court or tribunal proceedings:

  (a)   none of the following is admissible in evidence:

  (i)   a report given under, or prepared for the purposes of, subsection   41(2);

  (ii)   a copy of such a report;

  (iii)   a document purporting to set out information (including the formation or existence of a suspicion) contained in such a report;

  (iv)   a document given or produced under subsection   49(1), in so far as that subsection relates to a communication under section   41; and

  (b)   evidence is not admissible as to:

  (i)   whether or not a report was prepared for the purposes of subsection   41(2); or

  (ii)   whether or not a report prepared for the purposes of subsection   41(2), or a document purporting to set out information (including the formation or existence of a suspicion) contained in such a report, was given to, or received by, the AUSTRAC CEO; or

  (iii)   whether or not particular information (including the formation or existence of a suspicion) was contained in a report prepared for the purposes of subsection   41(2); or

  (iv)   whether or not particular information (including the formation or existence of a suspicion) was given under subsection   49(1), in so far as that subsection relates to a communication under section   41; or

  (v)   whether or not a particular document was produced under subsection   49(1), in so far as that subsection relates to a communication under section   41.

  (2)   Subsection   (1) does not apply to the following proceedings:

  (a)   criminal proceedings for an offence against section   121, 123, 126, 128, 129, 136, 137, 161, 162 or 165 of this Act;

  (b)   criminal proceedings for an offence against section   29 or 30 of the Financial Transaction Reports Act 1988 ;

  (c)   proceedings under section   175 of this Act.