Document ID: chunk:federal_register_of_legislation:C2024A00110:clause:5_123:p1
Version: federal_register_of_legislation:C2024A00110
Segment Type: clause
Provision Reference: sch 5 cl 123 (pt 1/2)
Character Range: 122869–125550

123  Offence of tipping off

Offence
 (1) A person commits an offence if:
 (a) the person is or has been:
 (i) a reporting entity; or
 (ii) an officer, employee or agent of a reporting entity; or
 (iii) required by a notice under subsection 49(1) to give information or produce documents; or
 (iv) required by notice under subsection 49B(2) to give information or produce documents; and
 (b) the person discloses information to another person (other than an AUSTRAC entrusted person); and
 (c) the information is covered by subsection (2); and
 (d) the disclosure of the information would or could reasonably be expected to prejudice an investigation:
 (i) of an offence against a law of the Commonwealth or of a State or Territory; or
 (ii) for the purposes of the Proceeds of Crime Act 2002 or regulations under that Act; or
 (iii) for the purposes of a law of a State or Territory that corresponds to the Proceeds of Crime Act 2002 or regulations under that Act.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (2) Information is covered by this subsection if it is any of the following:
 (a) that a reporting entity has given, or is required to give, a report under subsection 41(2);
 (b) a report given under, or prepared for the purposes of, subsection 41(2);
 (c) a copy of such a report;
 (d) a document purporting to set out information (including the formation or existence of a suspicion) contained in such a report;
 (e) a person is or has been required by a notice under subsection 49(1) to give information or produce a document;
 (f) a person has given information or produced a document in response to a notice under subsection 49(1);
 (g) a person is or has been required by a notice under subsection 49B(2) to give information or produce a document;
 (h) a person has given information or produced a document in response to a notice under subsection 49B(2);
 (i) information referred to in paragraph 16(5A)(a), (b) or (c) or (5AA)(a) or (b) of the Financial Transaction Reports Act 1988, as in force immediately before its repeal.
 (3) For the purposes of paragraph (1)(d), it is immaterial whether an investigation has commenced.

Exception—crime prevention
 (4) Subsection (1) does not apply to the disclosure of information covered by paragraphs (2)(a), (b), (c) or (d) by a person if:
 (a) the person is a reporting entity, or an officer, employee or agent of a reporting entity, that is:
 (i) a legal practitioner (however described); or
 (ii) a partnership or company that carries on a business of using legal practitioners (however described) to supply professional legal services; or
 (iii) a qualified accountant; or
 (iv) a partnership