Document ID: chunk:federal_register_of_legislation:C2025C00044:section:123:p1
Version: federal_register_of_legislation:C2025C00044
Segment Type: section
Provision Reference: s 123 (pt 1/5)
Character Range: 328619–331339

123  Offence of tipping off

Prohibitions
 (1) A reporting entity must not disclose to a person other than an AUSTRAC entrusted person:
 (a) that the reporting entity has given, or is required to give, a report under subsection 41(2); or
 (b) any information from which it could reasonably be inferred that the reporting entity has given, or is required to give, that report.
 (2) If:
 (a) a reporting entity gives a report to the AUSTRAC CEO under section 41, 43 or 45; and
 (b) in connection with that report, the reporting entity (the recipient) or another person (also the recipient) is required by a notice under subsection 49(1) to give information or produce a document;
the recipient must not disclose to a person (except an AUSTRAC entrusted person, the person who gave the notice or any other person who has given a notice to the recipient under subsection 49(1) in connection with that report):
 (c) that the recipient is or has been required by a notice under subsection 49(1) to give information or produce a document; or
 (d) that the information has been given or the document has been produced; or
 (e) any information from which it could reasonably be inferred that:
 (i) the recipient had been required under subsection 49(1) to give information or produce a document; or
 (ii) the information had been given under subsection 49(1); or
 (iii) the document had been produced under subsection 49(1).
 (2A) If a person (the first person) is required by a notice under subsection 49B(2) to give information or produce a document, the first person must not disclose to another person (except an AUSTRAC entrusted person):
 (a) that the first person is or has been required by a notice under subsection 49B(2) to give information or produce a document; or
 (b) that the information has been given or the document has been produced.

Exception—crime prevention
 (4) Subsection (1) does not apply to the disclosure of information by a reporting entity if:
 (a) the reporting entity 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 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