S 25 repealed by No 170 of 2006, s 3 and Sch 1 item 114, effective 13 December 2006. S 25 formerly read:
SECTION 25 SECRECY
25(1)
This section applies to:
(a)
the Director;
(b)
a member of the staff of AUSTRAC;
(ba)
a person engaged under section 40A;
(c)
a customs officer; and
(d)
a police officer.
History
S 25(1) amended by No 188 of 1991 and No 4 of 1990.
25(2)
A person to whom this section applies shall not, directly or indirectly, except for the purposes of this Act, or for the purposes of the performance or exercise of the functions or power of the Director or otherwise in connection with the performance of the person's duties under this Act, and either while the person is or after the person ceases to be a person to whom this section applies:
(a)
make a record of any information; or
(b)
divulge or communicate to any person any information;
being information obtained by the person in the course of performing duties under this Act.
Penalty: Imprisonment for 2 years.
Note:
Subsection
4B(2)
of the
Crimes Act 1914
allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on an individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section
4AA
of that Act.
History
S 25(2) amended by No 33 of 1997.
25(3)
A person to whom this section applies shall not be required:
(a)
to produce in a court any document that has come into the custody or control of the person in the course of, or by reason of, the performance of duties under this Act; or
(b)
to divulge or communicate to any court any matter or thing that has come to the notice of the person in the performance of duties under this Act;
except where it is necessary to do so for the purposes of carrying into effect the provisions of this Act.
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