Document ID: chunk:federal_register_of_legislation:C2024A00110:clause:5_123:p2
Version: federal_register_of_legislation:C2024A00110
Segment Type: clause
Provision Reference: sch 5 cl 123 (pt 2/2)
Character Range: 125281–127168

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 or company that carries on a business of using qualified accountants to supply professional accountancy services; or
 (v) a person specified in the AML/CTF Rules; and
 (b) the information relates to the affairs of a customer of the reporting entity; and
 (c) the person makes the disclosure, in good faith, for the purposes of dissuading the customer from engaging in conduct that constitutes, or could constitute, 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—information sharing to detect, deter or disrupt money laundering, the financing of terrorism, proliferation financing, or other serious crimes
 (5) Subsection (1) does not apply if:
 (a) the disclosure is made to another reporting entity; and
 (b) the disclosure is made for the purpose of detecting, deterring, or disrupting money laundering, the financing of terrorism, proliferation financing, or other serious crimes; and
 (c) the conditions prescribed by the regulations are met.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).

Courts and Tribunals
 (6) Except where it is necessary to do so for the purposes of giving effect to this Act, a person is not to be required to disclose to a court or tribunal information mentioned in subsection (2).

Division 2—Disclosure of AUSTRAC information to foreign countries or agencies

Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006