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PROCEEDS OF CRIME ACT 2002 - SECT 266A

Disclosure

             (1)  This section applies if a person obtains information:

                     (a)  as a direct result of:

                              (i)  the person being given a sworn statement under an order made under paragraph 39(1)(ca), (d) or (da); or

                             (ii)  the exercise of a power (by the person or someone else), or performance (by the person) of a function, under Part 3-1, 3-2, 3-3, 3-4 or 3-5; or

                     (b)  as a result of a disclosure, or a series of disclosures, under this section.

             (2)  The person may disclose the information to an authority described in an item of the following table for a purpose described in that item if:

                     (a)  the person believes on reasonable grounds that the disclosure will serve that purpose; and

                     (b)  a court has not made an order prohibiting the disclosure of the information to the authority for that purpose.

 

Recipients and purposes of disclosure

Item

Authority to which disclosure may be made

Purpose for which disclosure may be made

1

Authority with one or more functions under this Act

Facilitating the authority's performance of its functions under this Act

2

Authority of the Commonwealth, or of a State or Territory, that has a function of investigating or prosecuting offences against a law of the Commonwealth, State or Territory

Assisting in the prevention, investigation or prosecution of an offence against that law that is punishable on conviction by imprisonment for at least 3 years or for life

2A

Authority of a foreign country that has a function of investigating or prosecuting offences against a law of the country

Assisting in the prevention, investigation or prosecution of an offence against that law constituted by conduct that, if it occurred in Australia, would constitute an offence against a law of the Commonwealth, or of a State or Territory, punishable on conviction by imprisonment for at least 3 years or for life

2B

Authority of a State, or a * self-governing Territory, that has a function under a * corresponding law of the State or Territory

Any one or more of the following purposes:

(a) engaging in proceedings under that * corresponding law;

(b) engaging in proceedings for the forfeiture of things under a law of that State or Territory;

(c) deciding whether to institute proceedings of a kind referred to in paragraph (a) or (b)

2C

Authority of a foreign country that has one or more of the following functions:

(a) investigating or prosecuting offences against a law of the country;

(b) identifying, locating, tracing, investigating or confiscating * proceeds or * instruments of crime under a law of the country

Assisting in identification, location, tracing, investigation or confiscation of * proceeds or * instruments of crime, if the identification, location, tracing, investigation or confiscation could take place under this Act, or under a * corresponding law of a State or a * self-governing Territory, if the proceeds or instruments related to an offence against a law of the Commonwealth, State or Territory

3

Australian Taxation Office

Protecting public revenue

Limits on use of information disclosed

             (3)  In civil or * criminal proceedings against a person who gave an answer or produced a document in an * examination, none of the following that is disclosed under this section is admissible in evidence against the person:

                     (a)  the answer or document;

                     (b)  information contained in the answer or document.

             (4)  Subsection (3) does not apply in:

                     (a)  * criminal proceedings for giving false or misleading information; or

                     (b)  proceedings on an application under this Act; or

                     (c)  proceedings ancillary to an application under this Act; or

                     (d)  proceedings for enforcement of a * confiscation order; or

                     (e)  civil proceedings for or in respect of a right or liability the document confers or imposes.

Note:          Subsections (3) and (4) reflect section 198.

             (5)  In a * criminal proceeding against a person who produced or made available a document under a * production order, none of the following that is disclosed under this section is admissible in evidence against the person:

                     (a)  the document;

                     (b)  information contained in the document.

             (6)  Subsection (5) does not apply in a proceeding under, or arising out of, section 137.1 or 137.2 of the Criminal Code (false or misleading information or documents) in relation to producing the document or making it available.

Note:          Subsections (5) and (6) reflect subsection 206(2).

             (7)  To avoid doubt, this section does not affect the admissibility in evidence of any information, document or thing obtained as an indirect consequence of a disclosure under this section.

Relationship with subsection 228(2)

             (8)  To avoid doubt:

                     (a)  this section does not limit subsection 228(2) (about a * search warrant authorising the * executing officer to make things seized under the warrant available to officers of other * enforcement agencies); and

                     (b)  subsection 228(2) does not limit this section.



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