Commonwealth Numbered Acts Commonwealth Numbered Acts(1) This section restricts what a person (the entrusted public official ) who is or was:
(a) the AUSTRAC CEO; or
(b) a member of the staff of AUSTRAC; or
(c) a person engaged as a consultant under subsection 225(1); or
(d) a person whose services are made available to the AUSTRAC CEO under subsection 225(3); or
(e) the Director of AUSTRAC; or
(f) a person engaged as a consultant under repealed section 40A of the Financial Transaction Reports Act 1988 ;
may do with AUSTRAC information or documents containing AUSTRAC information.
(2) The entrusted public official commits an offence if:
(a) the official has obtained AUSTRAC information (otherwise than under section 49 or Division 4); and
(b) the official discloses the information to another person.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(3) Each of the following is an exception to the prohibition in subsection (2):
(a) the disclosure is for the purposes of this Act or the Financial Transaction Reports Act 1988 ;
(b) the disclosure is for the purposes of the performance of the functions of the AUSTRAC CEO;
(c) the disclosure is otherwise in connection with the performance of the entrusted public official's duties under this Act or the Financial Transaction Reports Act 1988 ;
(d) the disclosure is in connection with giving another person covered by paragraph (1)(a), (b), (c) or (d) access to information for the purposes of, or in connection with:
(i) the performance of the functions of the AUSTRAC CEO; or
(ii) the performance of the other person's duties under this Act or the Financial Transaction Reports Act 1988 ;
(e) the disclosure is in connection with giving access to AUSTRAC information in accordance with Division 4.
Note: A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).
(4) Except where it is necessary to do so for the purposes of giving effect to this Act or the Financial Transaction Reports Act 1988 , the entrusted public official is not to be required:
(a) to produce to a court or tribunal a document containing AUSTRAC information; or
(b) to disclose AUSTRAC information to a court or tribunal.
(5) To avoid doubt, paragraph (2)(a) applies to AUSTRAC information obtained under subsection (3).