Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-6 - DISCLOSURE OF INFORMATION  

SECTION 266A   Disclosure  

266A(1)  
This section applies if a person obtains information:

(a)  

as a direct result of:

(i) the person being given a sworn statement under an order made under paragraph 39(1)(ca) , (d) or (da);

(ii) the exercise of a power (by the person or someone else), or performance (by the person or someone else) of a function, under Part 3-1 , 3-2 , 3-3 , 3-4 or 3-5 ; or

(iii) the exercise of a power (by the person or someone else), or performance (by the person or someone else) of a function, under Division 2 of Part 4-1 ; or

(b)  

as a result of a disclosure, or a series of disclosures, under this section or clause 18 of Schedule 1 .

266A(2)  


The person may disclose the information to an authority described in an item of the following table for a purpose described in that item if:

(a)  

the person believes on reasonable grounds that the disclosure will serve that purpose; and

(b)  

a court has not made an order prohibiting the disclosure of the information to the authority for that purpose.


Recipients and purposes of disclosure
Item Authority to which disclosure may be made Purpose for which disclosure may be made
1 Authority with one or more functions under this Act Facilitating the authority ' s performance of its functions under this Act
2 Authority of the Commonwealth, or of a State or Territory, that has a function of investigating or prosecuting offences against a law of the Commonwealth, State or Territory Assisting in the prevention, investigation or prosecution of an offence against that law that is punishable on conviction by imprisonment for at least 3 years or for life
2A Authority of a foreign country that has a function of investigating or prosecuting offences against a law of the country Assisting in the prevention, investigation or prosecution of an offence against that law constituted by conduct that, if it occurred in Australia, would constitute an offence against a law of the Commonwealth, or of a State or Territory, punishable on conviction by imprisonment for at least 3 years or for life
2B Authority of a State, or a *self-governing Territory, that has a function under a *corresponding law of the State or Territory Any one or more of the following purposes:
(a) engaging in proceedings under that *corresponding law;
(b) engaging in proceedings for the forfeiture of things under a law of that State or Territory;
(c) deciding whether to institute proceedings of a kind referred to in paragraph (a) or (b)
2C Authority of a foreign country that has one or more of the following functions:
(a) investigating or prosecuting offences against a law of the country;
(b) identifying, locating, tracing, investigating or confiscating *proceeds or *instruments of crime under a law of the country
Assisting in identification, location, tracing, investigation or confiscation of *proceeds or *instruments of crime, if the identification, location, tracing, investigation or confiscation could take place under this Act, or under a *corresponding law of a State or a *self-governing Territory, if the proceeds or instruments related to an offence against a law of the Commonwealth, State or Territory
2D Authority of the Commonwealth, or of a State or Territory, that has a function of investigating or prosecuting offences against a law of the Commonwealth, State or Territory Assisting in the prevention, investigation or prosecution of:
(a) an offence against this Act that involves non-compliance with an obligation or requirement; or
(b) an offence against section 15G , 197A , 209 , 216 , 222 or 266 of this Act; or
(c) an offence against clause 8 or 15 of Schedule 1 to this Act; or
(d) an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act; or
(e) an offence that involves non-compliance with an order of a court made under this Act
2E *Mutual Assistance Department Either or both of the following purposes:
(a) facilitating the Mutual Assistance Department ' s performance of its functions in relation to the Extradition Act 1988 , the International Criminal Court Act 2002 , the International War Crimes Tribunals Act 1995 or the *Mutual Assistance Act;
(b) a purpose that is ancillary or incidental to the performance by the Mutual Assistance Department of any of the functions covered by paragraph (a)
2F Authority of a foreign country with functions corresponding to the functions of the Mutual Assistance Department that are covered by item 2E Either or both of the following purposes:
(a) assisting in the prevention, investigation or prosecution of an offence against a law of the country constituted by conduct that, if it occurred in Australia, would constitute an offence against a law of the Commonwealth, or of a State or Territory, punishable on conviction by imprisonment for at least 3 years or for life;
(b) assisting in the identification, location, tracing, investigation or confiscation of *proceeds or *instruments of crime, if the identification, location, tracing, investigation or confiscation could take place under this Act, or under a *corresponding law of a State or a *self-governing Territory, if the proceeds or instruments related to an offence against a law of the Commonwealth, a State or a Territory
3 Australian Taxation Office Protecting public revenue
4 The *International Criminal Court Enabling or assisting the International Criminal Court to perform any of its functions
5 An *International War Crimes Tribunal Enabling or assisting the International War Crimes Tribunal to perform any of its functions
6 Professional disciplinary body Enabling or assisting the body to perform any of the body ' s functions

Note:

This section is not intended to alter the procedures applicable to the disclosure of information to foreign countries (for example, procedures under the Mutual Assistance in Criminal Matters Act 1987 ). If this section applies to information, this section gives authorisation for the disclosure of the information in accordance with those procedures.

266A(2A)  


To avoid doubt, this section does not prevent the person from disclosing or using the information:

(a)  for the purpose for which the information was obtained; or

(b)  for purposes directly or indirectly connected with, or incidental to, the purpose for which the information was obtained; or

(c)  if the person obtained the information as a result of a disclosure, or a series of disclosures, under this section or clause 18 of Schedule 1 :


(i) for the purpose for which the information was obtained as a result of that disclosure or any of the disclosures in that series; or

(ii) for purposes directly or indirectly connected with, or incidental to, the purpose for which the information was obtained as a result of that disclosure or any of the disclosures in that series.
Limits on use of information disclosed

266A(3)  
In civil or *criminal proceedings against a person who gave an answer or produced a document in an *examination, none of the following that is disclosed under this section is admissible in evidence against the person:

(a)  the answer or document;

(b)  information contained in the answer or document.

266A(4)  
Subsection (3) does not apply in:

(a)  *criminal proceedings for giving false or misleading information; or

(b)  proceedings on an application under this Act; or

(c)  proceedings ancillary to an application under this Act; or

(d)  proceedings for enforcement of a *confiscation order; or

(e)  civil proceedings for or in respect of a right or liability the document confers or imposes; or

(f)  

proceedings for an offence against Part 3-1 .
Note:

Subsections (3) and (4) reflect section 198 .

266A(5)  
In a *criminal proceeding against a person who produced or made available a document under a *production order, none of the following that is disclosed under this section is admissible in evidence against the person:

(a)  the document;

(b)  information contained in the document.

266A(6)  
Subsection (5) does not apply in a proceeding under, or arising out of, section 137.1 or 137.2 of the Criminal Code (false or misleading information or documents) in relation to producing the document or making it available.

Note:

Subsections (5) and (6) reflect subsection 206(2) .

266A(6A)  


Subsection (5) does not apply in proceedings for an offence against Part 3-2 .

266A(7)  
To avoid doubt, this section does not affect the admissibility in evidence of any information, document or thing obtained as an indirect consequence of a disclosure under this section. Relationship with subsection 228(2)

266A(8)  
To avoid doubt:

(a)  this section does not limit subsection 228(2) (about a *search warrant authorising the *executing officer to make things seized under the warrant available to officers of other *enforcement agencies); and

(b)  subsection 228(2) does not limit this section.




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