Financial Transaction Reports Act 1988 (Repealed)
View history note
Hide history notePt IV repealed by No 170 of 2006, s 3 and Sch 1 item 114, effective 13 December 2006.
(Repealed by No 170 of 2006)
S 27 repealed by No 170 of 2006, s 3 and Sch 1 item 114, effective 13 December 2006. S 27 formerly read:
S 27(1) amended by No 122 of 2003, No 66 of 2002, No 33 of 1997, No 40 of 1996, No 188 of 1991 and No 123 of 1991. Despite paragraph (1)(b), the Director may only authorise the Police Integrity Commission under that paragraph if the Commission undertakes that it will comply with the Information Privacy Principles set out in section
14
of the
Privacy Act 1988
in respect of FTR information obtained under the authorisation.
27(1A) amended by No 125 of 2002 and inserted by No 160 of 1997.
SECTION 27 ACCESS TO FTR INFORMATION
27(1)
Notwithstanding anything in section
25
:
(a)
the Commissioner of Taxation and any taxation officer is entitled to access to FTR information; and
(b)
the Director may, in writing, authorise a law enforcement agency to have access to FTR information for the purposes of performing its functions; and
(c)
the Director may, in writing, authorise the Australian Customs Service to have access to FTR information for the purposes of performing its functions; and
(caa)
the Director may, in writing, authorise the Commonwealth Services Delivery Agency established by the
Commonwealth Services Delivery Agency Act 1997
to have access to FTR information for the purposes of the administration of the social security law (within the meaning of the
Social Security Act 1991
); and
(cab)
the Director may, in writing, authorise the Child Support Agency to have access to FTR information for the purposes of the administration of:
(i)
the
Child Support (Assessment) Act 1989
; or
(ii)
the
Child Support (Registration and Collection) Act 1988
; or
(iii)
regulations under either or both of those Acts; and
(ca)
the Director may, in writing, authorise a revenue authority of a State or Territory to have access to FTR information for the purpose of performing its functions if the authority undertakes that it will comply with the Information Privacy Principles set out in section 14 of the
Privacy Act 1988
in respect of FTR information obtained under the authorisation; and
(d)
the Director may, in writing, authorise the Commissioner of the Australian Federal Police to have access to FTR information for the purposes of communicating the information to a foreign law enforcement agency under subsection (11B).
27(1A)
Limitations on the Director
'
s power to authorise access under paragraph (1)(b).
27(1B)
Despite paragraph (1)(b), the Director may only authorise under that paragraph one of the following law enforcement agencies if the agency undertakes that it will comply with the information privacy principles set out in section 14 of the Privacy Act 1988 in respect of FTR information obtained under the authorisation:
(a) the Crime and Misconduct Commission of Queensland;
(b) the Corruption and Crime Commission of Western Australia.
(c) (Repealed by No 100 of 2005)
S 27(1B) substituted by No 66 of 2002 and amended by No 100 of 2005.
No 66 of 2002, s 3 and Sch 2 item 9B, contained the following saving provision:
Saving of authorisations and undertakings.
9B
For the purposes of subsection 27(1B) of the Financial Transaction Reports Act 1988 as amended by this Schedule, neither of the following is affected by the amendments of that Act by this Schedule:
(a) an authorisation conferred on the Anti-Corruption Commission of Western Australia by the Director;
(b) an undertaking by that Commission to the Director.
S 27(1B) inserted by No 136 of 2001.
27(2) Director ' s authorisation must state FTR information, or class of FTR information, to which access authorised.
An authorisation under paragraph (1)(b), (c), (caa), (cab) or (ca) must state the FTR information, or the class of FTR information, to which the law enforcement agency, the Australian Customs Service, the Commonwealth Services Delivery Agency, the Child Support Agency or the revenue authority of a State or Territory, as the case requires, is to have access.
S 27(2) amended by No 122 of 2003, substituted by No 33 of 1997 and amended by No 188 of 1991.
27(3) Who, within an agency, may access information once access by the agency is authorised under paragraph (1)(b), (c), (caa), (cab) or (ca).
If a law enforcement agency, the Australian Customs Service, the Commonwealth Services Delivery Agency, the Child Support Agency or a revenue authority of a State or Territory is authorised under paragraph (1)(b), (c), (caa), (cab) or (ca) to have access to FTR information, any law enforcement officer performing duties in or for the law enforcement agency, any customs officer, any Centrelink officer, any CSA officer, or any approved senior officer of the revenue authority, as the case requires, is entitled to access to that FTR information in accordance with the authorisation.
S 27(3) amended by No 122 of 2003, substituted by No 33 of 1997 and amended by No 188 of 1991.
27(3A)
(Repealed by No 66 of 2002)
S 27(3A) amended by No 188 of 1991 and inserted by No 123 of 1991.
27(4) Application of section 3C of the Taxation Administration Act 1953 where a taxation officer accesses FTR information.
Section 3C of the Taxation Administration Act 1953 applies in relation to information acquired by a taxation officer under or for the purposes of this Act as if a reference in that section to the Taxation Administration Act 1953 included a reference to this Act.
27(5) Dealings with information once accessed.
Subject to subsections (7), (9) and (10), where the Chief Executive Officer of the ACC, an examiner of a member of the staff of the ACC obtains FTR information:
(aaa) the Chief Executive Officer of the ACC may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Board of the ACC; and
(a) the Chair of the Board of the ACC may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Inter-Governmental Committee in a report by the Chair under subsection 59(4) of the Australian Crime Commission Act 2002 ; and
(aa) the Chair of the Board of the ACC may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Parliamentary Joint Committee on the Australian Crime Commission under subsection 59(6A) of the Australian Crime Commission Act 2002 ; and
(ab) the Chief Executive Officer of the ACC may communicate the information to an examiner who is conducting an examination under Division 2 of Part II of the Australian Crime Commission Act 2002 ; and
(b) an examiner may divulge the information in the course of such an examination before the examiner; and
(c) an examiner or a member of the staff of the ACC may communicate the information to a law enforcement officer for the purposes of, or in connection with, the performance of the officer ' s duties; and
(d) subject to paragraphs (aaa), (a), (aa), (ab), (b) and (c), the Chief Executive Officer of the ACC, the Chair of the Board of the ACC, an examiner and a member of the staff of the ACC shall not divulge or communicate the information; and
(e) a person (not being a law enforcement officer) to whom information has been communicated in accordance with paragraph (b) shall not make a record of the information, or divulge or communicate the information, in any circumstances.
S 27(5) amended by No 125 of 2002, No 135 of 2001 and No 188 of 1991.
27(5A)
Subject to subsections (7), (9) and (10), if the Integrity Commissioner or a staff member of ACLEI obtains FTR information:
(a) the Integrity Commissioner may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity under section 216 of the Law Enforcement Integrity Commissioner Act 2006 ; and
(b) the Integrity Commissioner may communicate the information to a staff member of the ACLEI who is conducting a hearing under Division 2 of Part 9 of that Act; and
(c) a staff member of ACLEI who is conducting a hearing under Division 2 of Part 9 of that Act may divulge the information in the course of the hearing; and
(d) a staff member of ACLEI may communicate the information to a law enforcement officer for the purposes of, or in connection with, the performance of the officer ' s duties; and
(e) subject to paragraphs (a), (b), (c) and (d), a staff member of ACLEI must not divulge or communicate the information; and
(f) a person (not being a law enforcement officer) to whom information has been communicated in accordance with paragraph (c) must not make a record of the information, or divulge or communicate the information, in any circumstances.
S 27(5A) inserted by No 86 of 2006, s 3 and Sch 1 item 38, effective 30 December 2006.
27(6)
Subject to subsections (7), (9), (10) and (11D) where a person who is a law enforcement officer, a customs officer, a Centrelink officer, a CSA officer or an officer of a revenue authority obtains FTR information:
(a) the person shall not, while he or she is a law enforcement officer, a customs officer, a Centrelink officer, a CSA officer or an officer of a revenue authority, divulge or communicate the information except to:
(i) the Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC for the purposes of, or in connection with, the performance of the ACC ' s functions; or
(ii) a law enforcement officer, a customs officer, a Centrelink officer, a CSA officer or an officer of a revenue authority for the purposes of, or in connection with, the performance of the officer ' s duties; or
(iii) where communication to a foreign law enforcement agency is permitted under subsections (11B) to (11D) - the foreign law enforcement agency; and
(b) the person shall not, when he or she is no longer a law enforcement officer, a customs officer, a Centrelink officer, a CSA officer or an officer of a revenue authority, make a record of the information, or divulge or communicate the information, in any circumstances.
S 27(6) amended by No 122 of 2003, No 125 of 2002, No 66 of 2002, No 33 of 1997 and No 188 of 1991.
27(7)
Nothing in subsection (5) or (6) prevents:
(a) the communication of FTR information to a person for the purposes of, or in connection with, legal proceedings or proposed or possible legal proceedings; or
(b) the communication of FTR information in the course of proceedings before a court.
S 27(7) amended by No 188 of 1991.
27(8)
A person to whom FTR information has been communicated in accordance with paragraph (7)(a) shall not make a record of the information, or divulge or communicate the information, except as permitted by this section.
S 27(8) amended by No 188 of 1991.
27(9)
Nothing in subsection (5) or (6) prevents the Chief Executive Officer of the ACC, the Chair of the Board of the ACC, an examiner, a member of the staff of the ACC, a law enforcement officer, a customs officer, a Centrelink officer, a CSA officer or an officer of a revenue authority from:
(a) communicating FTR information to the person who provided the information; or
(b) communicating FTR information (other than information obtained under section 16 or under section 243D of the Australian Securities and Investments Commission Act 2001 ) in respect of the affairs of a person to:
(i) the person; or
(ii) if the person is a company - any person who is or has been a director or officer of the company or is or has been directly involved in, or responsible for, the preparation of information provided on behalf of the company.
S 27(9) amended by No 122 of 2003, s 3 and Sch 2 item 12, by inserting " , a Centrelink officer, a CSA officer " after " customs officer " , applicable to FTR information obtained by the Director before, on or after the commencement of this Schedule.
S 27(9) amended by No 125 of 2002, No 55 of 2001 and No 54 of 1998, substituted by No 33 of 1997 and amended by No 188 of 1991.
27(10)
Where subsection (9) permits the communication of FTR information to a person, nothing in subsection (5) or (6) prevents the communication of the FTR information to a barrister or solicitor appearing before an examiner for the purpose of representing the person.
S 27(10) amended by No 125 of 2002 and No 188 of 1991.
27(11)
Where FTR information is communicated to a person in accordance with subsection (9) or (10), being information that was not furnished by the person and does not relate to the affairs of the person, the person shall not make a record of the information, or divulge or communicate the information, in any circumstances.
S 27(11) amended by No 188 of 1991.
27(11A) Circumstances in which the Director may communicate FTR information to a foreign country.
Despite anything in section 25 , the Director may communicate FTR information to a foreign country if:
(a) the Director is satisfied that the foreign country has given appropriate undertakings for:
(i) protecting the confidentiality of the information; and
(ii) controlling the use that will be made of it; and
(iii) ensuring that the information will be used only for the purpose for which it is communicated to the foreign country; and
(b) it is appropriate, in all the circumstances of the case, to do so.
S 27(11A) inserted by No 66 of 2002.
27(11B) Circumstances in which the Commissioner of the Australian Federal Police may communicate FTR information to a foreign law enforcement agency.
The Commissioner of the Australian Federal Police may communicate FTR information to a foreign law enforcement agency if:
(a) the Commissioner is satisfied that the foreign law enforcement agency has given appropriate undertakings for:
(i) protecting the confidentiality of the information; and
(ii) controlling the use that will be made of it; and
(iii) ensuring that the information will be used only for the purpose for which it is communicated to the foreign country; and
(b) it is appropriate, in all the circumstances of the case, to do so.
S 27(11B) inserted by No 66 of 2002.
27(11C)
The Commissioner of the Australian Federal Police may, in writing, authorise a member of the Australian Federal Police to communicate the FTR information to the foreign law enforcement agency on behalf of the Commissioner.
S 27(11C) inserted by No 66 of 2002.
27(11D)
If:
(a) the Commissioner of the Australian Federal Police is authorised by the Director to access FTR information under paragraph (1)(d) (for the purposes of communicating it to a foreign law enforcement agency); and
(b) the Director could not have authorised the Commissioner to access the information under paragraph (1)(b) (for the purposes of performing the functions of the Australian Federal Police);
then, despite subparagraphs (6)(a)(i) and (ii):
(c) the Commissioner must not record, communicate or divulge the information except for the purposes of communicating it to the foreign law enforcement agency, and in accordance with subsections (11B) and (11C); and
(d) a person authorised by the Commissioner under subsection (11C) to communicate the information to the foreign law enforcement agency on the Commissioner ' s behalf must not record, communicate or divulge the information except for the purposes of communicating it to the foreign law enforcement agency.
S 27(11D) inserted by No 66 of 2002.
27(12) Use of accessed information in court proceedings.
A person who obtains FTR information shall not be required:
(a) to produce in a court any document containing FTR information;
(b) to divulge or communicate to any court any FTR information;
except where it is necessary to do so for the purposes of carrying into effect the provisions of this Act.
S 27(12) amended by No 188 of 1991.
27(13) Dealings in contravention of this section.
A person who makes a record of, or divulges or communicates, information in contravention of a provision of this section commits an offence against this section punishable, upon conviction, by imprisonment for not more than 2 years.
Note:
Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on an individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.
S 27(13) amended by No 33 of 1997.
27(14) Interpretation.
A reference in this section to a law enforcement agency is a reference to:
(a) ACC; and
(b) the Australian Federal Police; and
(ba) the Australian Commission for Law Enforcement Integrity; and
(c) the Australian Securities Commission.
S 27(14) amended by No 86 of 2006, s 3 and Sch 1 item 39, by inserting para (ba), effective 30 December 2006.
S 27(14) amended by No 125 of 2002 and No 4 of 1990.
27(15)
A reference in this section to a law enforcement officer is a reference to:
(a) the Chief Executive Officer of the ACC;
(b) an examiner or a member of the staff of the ACC;
(c) (Repealed by No 125 of 2002)
(d) (Repealed by No 125 of 2002)
(e) the Commissioner of the Australian Federal Police;
(f) a member or special member of the Australian Federal Police;
(g) an officer, employee or other person under the control of the Commissioner of the Australian Federal Police;
(ga) a staff member of ACLEI;
(h) a member or acting member of the Australian Securities Commission; and
(j) a member of the staff of the Australian Securities Commission.
S 27(15) amended by No 86 of 2006, s 3 and Sch 1 item 40, by inserting para (ga), effective 30 December 2006.
S 27(15) amended by No 125 of 2002 and No 4 of 1990.
27(16)
Without prejudice to its effect by virtue of subsection (14), this section has effect as if a reference in this section to a law enforcement agency included a reference to:
(a) the Police Force of a State; and
(b) the New South Wales Crime Commission; and
(c) the Independent Commission Against Corruption of New South Wales; and
(d) (Repealed by No 66 of 2002)
(e) the Royal Commission into the New South Wales Police Service; and
(ea) a Royal Commission whose terms of reference include inquiry into whether unlawful conduct (however described) has, or might have, occurred; and
(f) the Police Integrity Commission; and
(g) (Repealed by No 125 of 2002)
(h) the Crime and Misconduct Commission of Queensland; and
(i) (Repealed by No 100 of 2005)
(j) (Repealed by No 100 of 2005)
(k) the Corruption and Crime Commission of Western Australia.
S 27(16) amended by No 100 of 2005; No 113 of 2003, No 125 of 2002, No 66 of 2002, No 166 of 2001, No 136 of 2001, No 160 of 1997, No 170 of 1994, No 123 of 1991, No 28 of 1991 and No 4 of 1990.
27(17)
Without prejudice to its effect by virtue of subsection (15), this section has effect as if a reference in this section to a law enforcement officer included a reference to:
(a) the commanding officer of the Police Force of a State;
(b) a member of a Police Force of a State;
(c) an officer, employee or other person under the control of the commanding officer of the Police Force of a State;
(d) the Chairperson or acting Chairperson of the New South Wales Crime Commission;
(e) a member or acting member of that Commission;
(f) a member of the staff of that Commission;
(g) the Commissioner for the Independent Commission Against Corruption of New South Wales;
(h) the Assistant Commissioner for that Commission;
(i) a member of staff of that Commission;
(j) Counsel appointed to assist that Commission;
(k) (Repealed by No 66 of 2002)
(l) (Repealed by No 66 of 2002)
(m) (Repealed by No 66 of 2002)
(n) the person constituting the Royal Commission into the New South Wales Police Service; and
(o) a member of the staff of that Royal Commission; and
(p) the Commissioner of the Police Integrity Commission; and
(q) an Assistant Commissioner of the Police Integrity Commission; and
(r) a member of the staff of the Police Integrity Commission; and
(s) (Repealed by No 125 of 2002)
(t) the sole Commissioner, or a member, of a Royal Commission of a kind mentioned in paragraph (16)(ea); and
(u) an official of such a Commission; and
(v) (Repealed by No 66 of 2002)
(w) (Repealed by No 66 of 2002)
(ua) a Commissioner of the Crime and Misconduct Commission of Queensland; and
(ub) an Assistant Commissioner, Senior Officer or member of the staff of that Commission; and
(x) the Commissioner of the Corruption and Crime Commission of Western Australia; and
(y) a member of the staff of the Corruption and Crime Commission of Western Australia; and
(z) (Repealed by No 100 of 2005)
[ CCH Note: Act No 100 of 2005, s 3 and Sch 1 item 18, repeals para (v) and (w). These paras were already repealed by No 66 of 2002.]
[ † CCH Note: para (x) † and (y) † result from Act No 63 of 2002, s 3 and Sch 1 item 19 renumbering paras (t), (u), (v) and (w) (as inserted by item 7 of Sch 6 to the Measures to Combat Serious and Organised Crime Act 2001 ) as para (v), (w), (x) and (y) respectively, effective 3 July 2002.]
S 27(17) amended by No 100 of 2005; No 113 of 2003, No 125 of 2002, No 66 of 2002, No 166 of 2001, No 136 of 2001, No 160 of 1997, No 170 of 1994, No 123 of 1991, No 28 of 1991 and No 4 of 1990.
27(18)
A reference in this section to a revenue authority of a State or Territory is a reference to a Department, authority or agency of a State or Territory that has the responsibility of collecting or receiving revenue of the State or Territory.
S 27(18) inserted by No 33 of 1997.
27(19)
A reference in this section to an approved senior officer of a revenue authority of a State or Territory is a reference to an officer or employee of the authority declared by the Director, in writing, to be an approved senior officer of the authority for the purposes of this section.
S 27(19) inserted by No 33 of 1997.
27(20)
A reference in this section to a foreign law enforcement agency is a reference to an agency that has responsibility for law enforcement in a foreign country.
S 27(20) inserted by No 66 of 2002.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
