Commonwealth Numbered Acts Commonwealth Numbered Acts(1) This section restricts what a person (the entrusted investigating 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 Commissioner of the Australian Federal Police; or
(f) the Chief Executive Officer of the Australian Crime Commission; or
(g) the Commissioner of Taxation; or
(h) the Chief Executive Officer of Customs; or
(i) the Integrity Commissioner; or
(j) an investigating officer;
may do with section 49 information.
(2) The entrusted investigating official commits an offence if:
(a) the official has obtained section 49 information; 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 investigating official's duties under this Act or the Financial Transaction Reports Act 1988 ;
(d) if the entrusted investigating official is covered by paragraph (1)(a), (b), (c) or (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) if the entrusted investigating official is the Commissioner of the Australian Federal Police--the disclosure is in connection with giving an AFP member access to information for the purposes of, or in connection with, the performance of the AFP member's duties;
(f) if the entrusted investigating official is the Chief Executive Officer of the Australian Crime Commission--the disclosure is in connection with giving:
(i) an examiner of the Australian Crime Commission; or
(ii) a member of the staff of the Australian Crime Commission;
access to information for the purposes of, or in connection with, the performance of the examiner's duties or the member's duties, as the case may be;
(g) if the entrusted investigating official is the Commissioner of Taxation--the disclosure is in connection with giving a taxation officer access to information for the purposes of, or in connection with, the performance of the taxation officer's duties;
(h) if the entrusted investigating official is the Chief Executive Officer of Customs--the disclosure is in connection with giving a customs officer access to information for the purposes of, or in connection with, the performance of the customs officer's duties;
(i) if the entrusted investigating official is the Integrity Commissioner--the disclosure is in connection with giving an Australian Commission for Law Enforcement Integrity officer access to information for the purposes of, or in connection with, the performance of the Australian Commission for Law Enforcement Integrity officer's duties;
(j) the disclosure is in connection with giving another entrusted investigating official access to information for the purposes of, or in connection with, the performance of the other official's duties.
Note: A defendant bears an evidential burden in relation to the 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 investigating official is not to be required:
(a) to produce to a court or tribunal a document containing section 49 information; or
(b) to disclose section 49 information to a court or tribunal.
(5) Section 49 information is information obtained by the entrusted investigating official:
(a) under section 49; or
(b) under subsection (3).