ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 121 Offence--AUSTRAC entrusted persons

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 121

  (1)   A person commits an offence if:

  (a)   the person is, or has been, an AUSTRAC entrusted person; and

  (b)   the person accesses, makes a record of, authorises access to, discloses or otherwise uses information; and

  (c)   the information is AUSTRAC information.

Penalty:   Imprisonment for 2 years or 120 penalty units, or both.

Exceptions

  (2)   Subsection   (1) does not apply if the access, making of the record, authorisation of the access, disclosure or use:

  (a)   is for the purposes of this Act or the Financial Transaction Reports Act 1988 ; or

  (b)   is for the purposes of the performance of the functions of the AUSTRAC CEO; or

  (c)   is for the purposes of, or in connection with, the performance or exercise of the person's functions, duties or powers in relation to AUSTRAC; or

  (d)   is in accordance with a provision of this Part; or

  (e)   is for the purposes of the National Anti - Corruption Commission Act 2022 .

Note:   A defendant bears an evidential burden in relation to a matter in subsection   (2) (see subsection   13.3(3) of the Criminal Code ).

  (3)   Subsection   (1) does not apply if the disclosure is:

  (a)   to an official of a Commonwealth, State or Territory agency for the purposes of, or in connection with, the performance or exercise of the official's functions, duties or powers in relation to the agency; or

  (b)   to a Minister of the Commonwealth or of a State or Territory for the purposes of, or in connection with, the performance of that Minister's responsibilities.

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

Conditions

  (4)   If:

  (a)   a person who is an AUSTRAC entrusted person discloses AUSTRAC information to another person under this section; and

  (b)   the other person is none of the following:

  (i)   an AUSTRAC entrusted person;

  (ii)   an official of a Commonwealth, State or Territory agency;

  (iii)   a Minister of the Commonwealth or of a State or Territory;

the AUSTRAC CEO may, in writing and at the time of the disclosure, impose conditions to be complied with in relation to the making of a record, disclosure or use of the information by the other person.

Secondary dealings

  (5)   A person commits an offence if:

  (a)   the person is none of the following:

  (i)   an AUSTRAC entrusted person;

  (ii)   an official of a Commonwealth, State or Territory agency;

  (iii)   a Minister of the Commonwealth or of a State or Territory; and

  (b)   AUSTRAC information is disclosed to the person under subsection   (2); and

  (c)   the person is not subject to conditions under subsection   (4) in relation to the information; and

  (d)   the person discloses the information to another person.

Penalty:   Imprisonment for 2 years or 120 penalty units, or both.

  (6)   A person commits an offence if:

  (a)   the person is none of the following:

  (i)   an AUSTRAC entrusted person;

  (ii)   an official of a Commonwealth, State or Territory agency;

  (iii)   a Minister of the Commonwealth or of a State or Territory; and

  (b)   AUSTRAC information is disclosed to the person under subsection   (2); and

  (c)   the person is subject to conditions under subsection   (4) in relation to the information; and

  (d)   the person makes a record of, discloses or otherwise uses the information; and

  (e)   the making of the record, disclosure or use referred to in paragraph   (d) breaches any of those conditions.

Penalty:   Imprisonment for 2 years or 120 penalty units, or both.

Instrument not a legislative instrument

  (7)   An instrument under subsection   (4) is not a legislative instrument.