124Report and information not admissible

#### 124 Report and information not admissible (1) In any court or tribunal proceedings: (a) none of the following is admissible in evidence: (i) a report given under, or prepared for the purposes of, subsection 41(2) of this Act or subsection 16(1) or (1A) of the repealed Financial Transaction Reports Act 1988; (ii) a copy of such a report; (iii) a document purporting to set out information (including the formation or existence of a suspicion) contained in such a report; (iv) a document given or produced under subsection 49(1), in so far as that subsection relates to a communication under section 41 of this Act or subsection 16(1) or (1A) of the repealed Financial Transaction Reports Act 1988; (v) information given under subsection 16(4) of the repealed Financial Transaction Reports Act 1988; and (b) evidence is not admissible as to: (i) whether or not a report was prepared for the purposes of subsection 41(2) of this Act or subsection 16(1) or (1A) of the repealed Financial Transaction Reports Act 1988; or (ii) whether or not a report prepared for the purposes of subsection 41(2) of this Act or subsection 16(1) or (1A) of the repealed Financial Transaction Reports Act 1988, or a document purporting to set out information (including the formation or existence of a suspicion) contained in such a report, was given to, or received by, the AUSTRAC CEO; or (iii) whether or not particular information (including the formation or existence of a suspicion) was contained in a report prepared for the purposes of subsection 41(2) of this Act or subsection 16(1) or (1A) of the repealed Financial Transaction Reports Act 1988; or (iv) whether or not particular information (including the formation or existence of a suspicion) was given under subsection 49(1), in so far as that subsection relates to a communication under section 41 of this Act or subsection 16(1) or (1A) of the repealed Financial Transaction Reports Act 1988; or (v) whether or not a particular document was produced under subsection 49(1), in so far as that subsection relates to a communication under section 41 of this Act or subsection 16(1) or (1A) of the repealed Financial Transaction Reports Act 1988. (2) Subsection (1) does not apply to the following proceedings: (a) criminal proceedings for an offence against section 26R, 121, 123, 126, 128, 129, 136, 137, 161 or 162 of this Act; (b) criminal proceedings for an offence against section 29 or 30 of the repealed Financial Transaction Reports Act 1988; (c) proceedings under section 175 of this Act.