Commonwealth Numbered Acts Commonwealth Numbered ActsOther officials of the same agency
(1) An official of a designated agency may disclose AUSTRAC information to another official of the agency for the purposes of, or in connection with, the performance of the other official's duties in relation to the agency.
Officials of another designated agency
(2) An official of a designated agency may disclose AUSTRAC information to another official of another designated agency for the purposes of, or in connection with, the performance of the other official's duties in relation to the other designated agency, so long as the other official holds an appropriate authorisation under subsection 126(1).
Note: For disclosure to the Commissioner of Taxation and taxation officers, see subsection 125(2).
Court or tribunal proceedings etc.
(3) An official of a designated agency may:
(a) disclose AUSTRAC information to a person for the purposes of, or in connection with, court or tribunal proceedings or proposed or possible court or tribunal proceedings; or
(b) disclose AUSTRAC information in the course of court or tribunal proceedings.
(4) Subsection (3) does not apply to AUSTRAC information that:
(a) was obtained under section 41; or
(b) was obtained under section 49, in so far as that section relates to a communication under section 41.
(5) A person to whom AUSTRAC information has been disclosed under paragraph (3)(a) must not disclose the information to another person.
(6) Subsection (5) does not apply if:
(a) the disclosure is for the purposes of, or in connection with, the court or tribunal proceedings or proposed or possible court or tribunal proceedings; or
(b) the disclosure is authorised by this Division.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code ).
(7) A person commits an offence if:
(a) the person is subject to a requirement under subsection (5); and
(b) the person engages in conduct; and
(c) the person's conduct breaches the requirement.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Investigations
(8) An official of a designated agency may disclose AUSTRAC information to a person for the purposes of, or in connection with, an investigation or a proposed or possible investigation.
(9) Subsection (8) does not apply to AUSTRAC information that:
(a) was obtained under section 41; or
(b) was obtained under section 49, in so far as that section relates to a communication under section 41.
(10) A person to whom AUSTRAC information has been disclosed under subsection (8) must not disclose the information to another person.
(11) Subsection (10) does not apply if the disclosure is for the purposes of, or in connection with:
(a) the investigation or the proposed or possible investigation; or
(b) court or tribunal proceedings, or any proposed or possible court or tribunal proceedings, connected with the investigation or proposed or possible investigation.
Note: A defendant bears an evidential burden in relation to the matter in subsection (11) (see subsection 13.3(3) of the Criminal Code ).
(12) A person commits an offence if:
(a) the person is subject to a requirement under subsection (10); and
(b) the person engages in conduct; and
(c) the person's conduct breaches the requirement.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(13) The following provisions have effect:
(a) an ASIO official may disclose AUSTRAC information to an IGIS official for the purposes of, or in connection with, the performance of the IGIS official's duties in relation to ASIO or employees of ASIO;
(b) an ASIO official may disclose AUSTRAC information to the ASIO Minister if the disclosure is for the purposes of, or in connection with:
(i) the performance of the ASIO Minister's functions under the Australian Security Intelligence Organisation Act 1979 ; or
(ii) security (within the meaning of that Act);
(c) an ASIO official may disclose AUSTRAC information to the Minister responsible for the administration of the Telecommunications (Interception and Access) Act 1979 if the disclosure is for the purposes of, or in connection with, the performance of that Minister's functions under that Act.
Australian Crime Commission officials
(14) The following provisions have effect:
(a) the Chief Executive Officer of the Australian Crime Commission may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom AUSTRAC information relates, communicate the information to the Board of the Australian Crime Commission;
(b) the Chair of the Board of the Australian Crime Commission may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom AUSTRAC information relates, communicate the information to the Inter‑Governmental Committee in a report by the Chair under subsection 59(4) of the Australian Crime Commission Act 2002 ;
(c) the Chair of the Board of the Australian Crime Commission may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom AUSTRAC information relates, communicate the information to the Parliamentary Joint Committee on the Australian Crime Commission under subsection 59(6A) of the Australian Crime Commission Act 2002 ;
(d) the Chief Executive Officer of the Australian Crime Commission may communicate AUSTRAC information to an examiner of the Australian Crime Commission who is conducting an examination under Division 2 of Part II of the Australian Crime Commission Act 2002 ;
(e) an examiner of the Australian Crime Commission may disclose AUSTRAC information in the course of such an examination before the examiner;
(f) a member of the staff of the Australian Crime Commission may disclose AUSTRAC information for the purposes of, or in connection with, the performance of the staff member's duties in relation to the Australian Crime Commission.
Disclosure to responsible Ministers
(15) If a designated agency is established by law of the Commonwealth, an official of the agency may disclose AUSTRAC information to the Minister responsible for the administration of that law if the disclosure is for the purposes of, or in connection with, the performance of the Minister's responsibilities in relation to the agency.
(16) If a designated agency is a Department of the Commonwealth, an official of the agency may disclose AUSTRAC information to the Minister responsible for the agency if the disclosure is for the purposes of, or in connection with, the performance of the Minister's responsibilities in relation to the agency.
(17) If a designated agency is established by law of a State or Territory, an official of the agency may disclose AUSTRAC information to the State or Territory Minister responsible for the administration of that law if the disclosure is for the purposes of, or in connection with, the performance of the State or Territory Minister's responsibilities in relation to the agency.
(18) If a designated agency is a Department of a State or Territory, an official of the agency may disclose AUSTRAC information to the State or Territory Minister responsible for the agency if the disclosure is for the purposes of, or in connection with, the performance of the State or Territory Minister's responsibilities in relation to the agency.
(a) disclose AUSTRAC information to another IGIS official for the purposes of, or in connection with, the performance of that official's duties in relation to ASIO or employees of ASIO; or
(b) disclose AUSTRAC information to the Director‑General of Security in a draft report under section 21 of the Inspector‑General of Intelligence and Security Act 1986 in relation to ASIO or employees of ASIO; or
(c) disclose AUSTRAC information in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, in a report under section 22 of the Inspector‑General of Intelligence and Security Act 1986 in relation to ASIO or employees of ASIO; or
(d) disclose AUSTRAC information in a written response to a complainant under section 23 of the Inspector‑General of Intelligence and Security Act 1986 in relation to ASIO or employees of ASIO; or
(e) disclose AUSTRAC information to the Director‑General of Security in a report, in relation to ASIO or employees of ASIO, under section 25A of the Inspector‑General of Intelligence and Security Act 1986 ; or
(f) disclose AUSTRAC information in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, in a report to the ASIO Minister, in relation to ASIO or employees of ASIO, under section 25A of the Inspector‑General of Intelligence and Security Act 1986 ; or
(g) disclose AUSTRAC information in a report under subsection 21(1B) or 22(4) or section 25 of the Inspector‑General of Intelligence and Security Act 1986 .