Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Marginal note:Prohibition

• 36 (1) Subject to this section and subsection 12(1) of the Privacy Act, no official shall disclose the following:

  • (a) information set out in a report made under subsection 12(1), whether or not it is completed;

  • (b) any other information obtained for the purposes of this Part; or

  • (c) information prepared from information referred to in paragraph (a) or (b).

• Marginal note:Disclosure of information to a police force

  (2) An officer who has reasonable grounds to suspect that information referred to in subsection (1) would be relevant to investigating or prosecuting a money laundering offence may disclose the information to the appropriate police force.

• Marginal note:Disclosure of information to the Centre

  (3) An officer who has reasonable grounds to suspect that information referred to in subsection (1) would be of assistance to the Centre in the detection, prevention or deterrence of money laundering may disclose the information to the Centre.

• Marginal note:Recording of reasons for decision

  (3.1) If an officer decides to disclose information under subsection (2) or (3), the officer shall record in writing the reasons for the decision.

• Marginal note:Powers, duties and functions

  (4) An official may disclose information referred to in subsection (1) for the purpose of exercising powers or performing duties and functions under this Part.

• Marginal note:Immunity from compulsory processes

  (5) Subject to section 36 of the Access to Information Act and section 34 of the Privacy Act, an official is required to comply with a subpoena, an order for production of documents, a summons or any other compulsory process only if it is issued in the course of

  • (a) criminal proceedings under an Act of Parliament that have been commenced by the laying of an information or the preferring of an indictment; or

  • (b) any legal proceedings that relate to the administration or enforcement of this Part.

• Definition of official

  (6) In this section and section 37, official means a person who obtained or who has or had access to information referred to in subsection (1) in the course of exercising powers or performing duties and functions under this Part.