Document ID: chunk:federal_register_of_legislation:C2025C00044:section:124
Version: federal_register_of_legislation:C2025C00044
Segment Type: section
Provision Reference: s 124
Character Range: 339323–341970

124  Report and information not admissible
 (1) In any court or tribunal proceedings:
 (a) none of the following is admissible in evidence:
 (i) a report given under, or prepared for the purposes of, subsection 41(2) of this Act or subsection 16(1) or (1A) of the repealed Financial Transaction Reports Act 1988;
 (ii) a copy of such a report;
 (iii) a document purporting to set out information (including the formation or existence of a suspicion) contained in such a report;
 (iv) a document given or produced under subsection 49(1), in so far as that subsection relates to a communication under section 41 of this Act or subsection 16(1) or (1A) of the repealed Financial Transaction Reports Act 1988;
 (v) information given under subsection 16(4) of the repealed Financial Transaction Reports Act 1988; and
 (b) evidence is not admissible as to:
 (i) whether or not a report was prepared for the purposes of subsection 41(2) of this Act or subsection 16(1) or (1A) of the repealed Financial Transaction Reports Act 1988; or
 (ii) whether or not a report prepared for the purposes of subsection 41(2) of this Act or subsection 16(1) or (1A) of the repealed Financial Transaction Reports Act 1988, or a document purporting to set out information (including the formation or existence of a suspicion) contained in such a report, was given to, or received by, the AUSTRAC CEO; or
 (iii) whether or not particular information (including the formation or existence of a suspicion) was contained in a report prepared for the purposes of subsection 41(2) of this Act or subsection 16(1) or (1A) of the repealed Financial Transaction Reports Act 1988; or
 (iv) whether or not particular information (including the formation or existence of a suspicion) was given under subsection 49(1), in so far as that subsection relates to a communication under section 41 of this Act or subsection 16(1) or (1A) of the repealed Financial Transaction Reports Act 1988; or
 (v) whether or not a particular document was produced under subsection 49(1), in so far as that subsection relates to a communication under section 41 of this Act or subsection 16(1) or (1A) of the repealed Financial Transaction Reports Act 1988.
 (2) Subsection (1) does not apply to the following proceedings:
 (a) criminal proceedings for an offence against section 121, 123, 126, 128, 129, 136, 137, 161, 162 or 165 of this Act;
 (b) criminal proceedings for an offence against section 29 or 30 of the repealed Financial Transaction Reports Act 1988;
 (c) proceedings under section 175 of this Act.

Division 4—Access to AUSTRAC information by Commonwealth, State or Territory agencies