Document ID: chunk:federal_register_of_legislation:C2025C00044:section:123:p2
Version: federal_register_of_legislation:C2025C00044
Segment Type: section
Provision Reference: s 123 (pt 2/5)
Character Range: 331110–333879

entity; and
 (c) the disclosure is made for the purposes of dissuading the customer from engaging in conduct that constitutes, or could constitute:
 (i) evasion of a taxation law; or
 (ii) evasion of a law of a State or Territory that deals with taxation; or
 (iii) an offence against a law of the Commonwealth or of a State or Territory.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

Exception—legal advice
 (5) Subsection (1) does not apply to the disclosure of information by a reporting entity if the disclosure is to a legal practitioner (however described) for the purpose of obtaining legal advice.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
 (5A) A person to whom information has been disclosed under subsection (5) must not disclose the information to another person.

Exception—audit or review of anti‑money laundering and counter‑terrorism financing program
 (5B) Subsection (1) does not apply to the disclosure of information by a reporting entity if the disclosure is to a person appointed or engaged by the reporting entity to audit or review the reporting entity's anti‑money laundering and counter‑terrorism financing program.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5B) (see subsection 13.3(3) of the Criminal Code).
 (5C) A person to whom information has been disclosed under subsection (5B) must not disclose the information unless the disclosure is made to another person in connection with the audit or review of the reporting entity's anti‑money laundering and counter‑terrorism financing program.

Exception—Charter of the United Nations Act 1945
 (6) Subsection (1) does not apply to the disclosure of information about the operation of Part 4 of the Charter of the United Nations Act 1945.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).

Exception—members of a corporate group
 (7) Subsection (1) does not apply to the disclosure of information by a reporting entity (the first entity) if:
 (a) the first entity belongs to a corporate group; and
 (b) the information relates to the affairs of a person (the relevant person) who is, or was, a customer of the first entity or who made inquiries referred to in subparagraph 41(1)(c)(i) of the first entity; and
 (c) the disclosure is made to a body corporate (the related body corporate) that belongs to the corporate group; and
 (d) the related body corporate is a reporting entity or is regulated by one or more laws of a foreign country that give effect to some or all of the