Document ID: chunk:federal_register_of_legislation:C2020A00133:clause:1_121:p1
Version: federal_register_of_legislation:C2020A00133
Segment Type: clause
Provision Reference: sch 1 cl 121 (pt 1/2)
Character Range: 41356–44040

121  Offence—AUSTRAC entrusted persons
 (1) A person commits an offence if:
 (a) the person is, or has been, an AUSTRAC entrusted person; and
 (b) the person accesses, makes a record of, authorises access to, discloses or otherwise uses information; and
 (c) the information is AUSTRAC information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Exceptions
 (2) Subsection (1) does not apply if the access, making of the record, authorisation of the access, disclosure or use:
 (a) is for the purposes of this Act or the Financial Transaction Reports Act 1988; or
 (b) is for the purposes of the performance of the functions of the AUSTRAC CEO; or
 (c) is for the purposes of, or in connection with, the performance or exercise of the person's functions, duties or powers in relation to AUSTRAC; or
 (d) is in accordance with a provision of this Part; or
 (e) is for the purposes of the Law Enforcement Integrity Commissioner Act 2006.
Note: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
 (3) Subsection (1) does not apply if the disclosure is:
 (a) to an official of a Commonwealth, State or Territory agency for the purposes of, or in connection with, the performance or exercise of the official's functions, duties or powers in relation to the agency; or
 (b) to a Minister of the Commonwealth or of a State or Territory for the purposes of, or in connection with, the performance of that Minister's responsibilities.
Note: A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

Conditions
 (4) If:
 (a) a person who is an AUSTRAC entrusted person discloses AUSTRAC information to another person under this section; and
 (b) the other person is none of the following:
 (i) an AUSTRAC entrusted person;
 (ii) an official of a Commonwealth, State or Territory agency;
 (iii) a Minister of the Commonwealth or of a State or Territory;
the AUSTRAC CEO may, in writing and at the time of the disclosure, impose conditions to be complied with in relation to the making of a record, disclosure or use of the information by the other person.

Secondary dealings
 (5) A person commits an offence if:
 (a) the person is none of the following:
 (i) an AUSTRAC entrusted person;
 (ii) an official of a Commonwealth, State or Territory agency;
 (iii) a Minister of the Commonwealth or of a State or Territory; and
 (b) AUSTRAC information is disclosed to the person under subsection (2); and
 (c) the person is not subject to conditions under subsection (4) in relation to the information; and
 (d) the person discloses