Proceeds of Crime Act 2002

Schedule 1 - Information gathering by participating States and self-governing Territories  

Note:

See section 14M .

PART 3 - DISCLOSURE OF INFORMATION  

SECTION 18   Disclosure  

18(1)    
This clause applies if a person obtains information:

(a) as a direct result of the exercise of a power (by the person or someone else), or performance (by the person) of a function, under Part 1 or 2 ; or

(b) as a result of a disclosure, or a series of disclosures, under this clause.

18(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 of a State or *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)
2	Authority of the Commonwealth with one or more functions under this Act	Facilitating the authority ' s performance of its functions under this Act
3	Authority of the Commonwealth, or of a State or *self-governing 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
4	Australian Taxation Office	Protecting public revenue

18(3)    
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 clause is admissible in evidence against the person:

(a) the document;

(b) information contained in the document.

18(4)    
Subclause (3) 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:

Subclauses (3) and (4) reflect subclause 5(2) .

18(5)    
To avoid doubt:

(a) this clause does not prohibit the disclosure under section 266A of any information disclosed under this clause; and

(b) this clause does not affect the admissibility in evidence of any information, document or thing obtained as an indirect consequence of a disclosure under this clause.