Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:7_17:p2
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 7 cl 17 (pt 2/2)
Character Range: 677276–679318

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 futures market under section 1127 of the Corporations Law; or
 (j) to a body corporate approved under section 1131 of the Corporations Law as a clearing house for a futures exchange; or
 (k) to a body corporate approved under section 1132 of the Corporations Law as a futures association.

 (5E) Neither subsection (5A) nor subsection (5B) prohibits a cash dealer from communicating or disclosing to any court any information, or matter, referred to in that subsection, but this subsection does not affect the operation of subsection (5F).

 (5F) In any legal proceeding (other than a prosecution for an offence against subsection 29(1) or 30(1) of the Financial Transaction Reports Act 1988 (which relate to false and misleading information or incomplete information) as applied by subsection (7) of this section):
 (a) none of the following is admissible in evidence:
 (i) a report prepared (whether before or after the commencement of this subsection) under subsection (1);
 (ii) a copy of such a report;
 (iii) a document purporting to set out information contained in such a report;
 (iv) a document given under subsection (4); and
 (b) evidence is not admissible as to:
 (i) whether or not a report was prepared under subsection (1); or
 (ii) whether or not a copy of a report prepared under that subsection, or a document purporting to set out information contained in such a report, was given to, or received by, the Director; or
 (iii) whether or not particular information was contained in a report prepared under that subsection; or
 (iv) whether or not particular information was given under subsection (4).

 (5G) In subsection (5F):

information includes the formation or existence of a suspicion referred to in subsection (1).

Financial Sector Reform (Consequential Amendments) Act 1998