Financial Accountability Regime (Consequential Amendments) Act 2023 (68 of 2023)
Schedule 1 Consequential amendments
Part 1 Amendments for the start of the financial accountability regime
Australian Securities and Investments Commission Act 2001
17 After subsection 127(6)
Insert:
(7) A person (the officer ) commits an offence if:
(a) the officer is or has been:
(i) a member of ASIC; or
(ii) a staff member; or
(iii) a Commonwealth officer within the meaning of the Crimes Act 1914; and
(b) the officer intentionally or recklessly, and directly or indirectly:
(i) discloses information to any person or to a court; or
(ii) produces a document to any person or to a court; and
(c) if subparagraph (b)(i) applies - the information is protected information disclosed to, or obtained by, ASIC for the purposes of a function (a FAR-related function ) conferred on ASIC by:
(i) the Financial Accountability Regime Act 2023; or
(ii) the Financial Accountability Regime (Consequential Amendments) Act 2023; and
(d) if subparagraph (b)(ii) applies - the document:
(i) is protected information and was given or produced to ASIC for the purposes of a FAR-related function; or
(ii) contains protected information disclosed to, or obtained by, ASIC for the purposes of a FAR-related function; and
(e) the officer acquired the information, or has or had access to the document, as the case may be, in the course of the officer's duties as a member of ASIC, a staff member or a Commonwealth officer within the meaning of the Crimes Act 1914.
Penalty: Imprisonment for 2 years.
(7A) Subsection (7) does not apply if the disclosure or production constitutes authorised disclosure of the protected information for the purposes of subsection (1).
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
(8) A document is an exempt document for the purposes of section 38 of the Freedom of Information Act 1982 if the document:
(a) is protected information and was given or produced to ASIC; or
(b) contains protected information disclosed to, or obtained by, ASIC;
for the purposes of a function conferred on ASIC by:
(c) the Financial Accountability Regime Act 2023; or
(d) the Financial Accountability Regime (Consequential Amendments) Act 2023.
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