Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person is, or has been, an entrusted investigating official; and
(b) the person has obtained information under section 49 or this section; and
(c) the person makes a record of, discloses or otherwise uses the information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Exception
(2) Subsection (1) does not apply if:
(a) the making of the record, disclosure or use is for the purposes of, or in connection with, the performance or exercise of the person's functions, duties or powers as an entrusted investigating official; or
(b) the disclosure is to an AUSTRAC entrusted person or to another entrusted investigating official for the purposes of, or in connection with, the performance or exercise of the AUSTRAC entrusted person's or other official's functions, duties or powers.
Note: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
Courts or tribunals
(3) Except where it is necessary to do so for the purposes of giving effect to this Act or the Financial Transaction Reports Act 1988 , a person who is, or has been, an entrusted investigating official is not to be required:
(a) to produce a document containing information obtained by the person under section 49 or this section to a court or tribunal; or
(b) to disclose information obtained by the person under section 49 or this section to a court or tribunal.