Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:7_17:p1
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 7 cl 17 (pt 1/2)
Character Range: 674835–677514

17  After subsection 243D(5)
Insert:

 (5A) If a cash dealer communicates to the Director, under subsection (1), information about the cash dealer's suspicion in relation to a transaction to which the cash dealer is a party, the cash dealer must not, unless required to do so under the ASC Law, the Corporations Law or an Act of the Commonwealth, disclose to anyone else:
 (a) that the cash dealer has formed the suspicion; or
 (b) that information has been communicated to the Director; or
 (c) any other information from which the person to whom the information is disclosed could reasonably be expected to infer that:
 (i) the suspicion had been formed; or
 (ii) the first-mentioned information had been communicated.

 (5B) If a cash dealer gives further information pursuant to a request under subsection (4), the cash dealer must not, unless required to do so under the ASC Law or an Act of the Commonwealth, disclose to anyone else:
 (a) that the information has been given; or
 (b) any other information from which the person to whom the information is disclosed could reasonably be expected to infer that the first-mentioned information had been given.

 (5C) A cash dealer who contravenes subsection (5A) or (5B) is guilty of an offence punishable, upon conviction, by:
 (a) a fine of not more than 120 penalty units or imprisonment for not more than 2 years, or both, if the cash dealer is a natural person; or
 (b) a fine of not more than 600 penalty units if the cash dealer is a body corporate.

 (5D) Neither subsection (5A) nor subsection (5B) prohibits a cash dealer from communicating or disclosing a fact or information referred to in either of those subsections:
 (a) to the Australian Stock Exchange Limited; or
 (b) to the Commission; or
 (c) to a body corporate approved under section 769 of the Corporations Law as a stock exchange; or
 (d) to a body corporate approved under section 770 of the Corporations Law as an approved securities organisation; or
 (e) in accordance with conditions imposed by the Minister when approving under section 770A of the Corporations Law a stock market for electronic trading of interests in a registered scheme; or
 (f) in accordance with conditions imposed by the Minister when declaring a specified stock market to be an exempt stock market under section 771 of the Corporations Law; or
 (g) to a body corporate approved under section 779B of the Corporations Law as a securities clearing house; or
 (h) to a body corporate approved under section 1126 of the Corporations Law as a futures exchange; or
 (i) in accordance with conditions imposed by the Minister when declaring a specified futures market to be an exempt