Commonwealth Numbered Acts

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 (NO. 169, 2006) - SECT 130

             (1)  This section restricts what a person (the entrusted Commonwealth agency official ) who is or was an official of a non‑designated Commonwealth agency may do with accessed information.

             (2)  The entrusted Commonwealth agency official commits an offence if:

                     (a)  the official has obtained accessed 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, or in connection with, the performance of the official's duties in connection with the investigation or proposed investigation concerned;

                     (b)  the disclosure is in connection with communicating AUSTRAC information under section 131.

Note:          A defendant bears and evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).

             (4)  Accessed information is AUSTRAC information obtained by the entrusted Commonwealth agency official under subsection 129(1) or 131(2).