121Offence—AUSTRAC entrusted persons

#### 121 Offence—AUSTRAC entrusted persons (1) A person commits an offence if: (a) the person is, or has been, an AUSTRAC entrusted person; and (b) the person accesses, makes a record of, authorises access to, discloses or otherwise uses information; and (c) the information is AUSTRAC information. Penalty: Imprisonment for 2 years or 120 penalty units, or both. Exceptions (2) Subsection (1) does not apply if the access, making of the record, authorisation of the access, disclosure or use: (a) is for the purposes of this Act or the repealed Financial Transaction Reports Act 1988; or (b) is for the purposes of the performance of the functions of the AUSTRAC CEO; or (c) is for the purposes of, or in connection with, the performance or exercise of the person’s functions, duties or powers in relation to AUSTRAC; or (d) is in accordance with a provision of this Part; or (e) is for the purposes of the National Anti‑Corruption Commission Act 2022. > Note: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) Subsection (1) does not apply if the disclosure is: (a) to an official of a Commonwealth, State or Territory agency for the purposes of, or in connection with, the performance or exercise of the official’s functions, duties or powers in relation to the agency; or (b) to a Minister of the Commonwealth or of a State or Territory for the purposes of, or in connection with, the performance of that Minister’s responsibilities. > Note: A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). Conditions (4) If: (a) a person who is an AUSTRAC entrusted person discloses AUSTRAC information to another person under this section; and (b) the other person is none of the following: (i) an AUSTRAC entrusted person; (ii) an official of a Commonwealth, State or Territory agency; (iii) a Minister of the Commonwealth or of a State or Territory; the AUSTRAC CEO may, in writing and at the time of the disclosure, impose conditions to be complied with in relation to the making of a record, disclosure or use of the information by the other person. Secondary dealings (5) A person commits an offence if: (a) the person is none of the following: (i) an AUSTRAC entrusted person; (ii) an official of a Commonwealth, State or Territory agency; (iii) a Minister of the Commonwealth or of a State or Territory; and (b) AUSTRAC information is disclosed to the person under subsection (2); and (c) the person is not subject to conditions under subsection (4) in relation to the information; and (d) the person discloses the information to another person. Penalty: Imprisonment for 2 years or 120 penalty units, or both. (6) A person commits an offence if: (a) the person is none of the following: (i) an AUSTRAC entrusted person; (ii) an official of a Commonwealth, State or Territory agency; (iii) a Minister of the Commonwealth or of a State or Territory; and (b) AUSTRAC information is disclosed to the person under subsection (2); and (c) the person is subject to conditions under subsection (4) in relation to the information; and (d) the person makes a record of, discloses or otherwise uses the information; and (e) the making of the record, disclosure or use referred to in paragraph (d) breaches any of those conditions. Penalty: Imprisonment for 2 years or 120 penalty units, or both. Instrument not a legislative instrument (7) An instrument under subsection (4) is not a legislative instrument.