Section 123 Anti-Money Laundering and Counter-Terrorism Financing Act
Tipping Off

Section 123 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 is Tipping Off and reads as follows:

Offence of tipping off

Prohibitions

(1) If:

(a) a suspicious matter reporting obligation arises or has arisen for a reporting entity in relation to a person; and

(b) the reporting entity has communicated information to the AUSTRAC CEO under subsection 41(2);

the reporting entity must not disclose to someone other than the AUSTRAC CEO or a member of the staff of AUSTRAC that the information has been communicated to the AUSTRAC CEO.

Note 1: For suspicious matter reporting obligation , see section 41.

Note 2: This subsection deals with the disclosure of information. It does not deal with the carrying out of applicable customer identification procedures.

(2) If:

(a) a suspicious matter reporting obligation arises or has arisen for a reporting entity in relation to a person; and

(b) either:
(i) the reporting entity has formed the applicable suspicion mentioned in subsection 41(1); or
(ii) the reporting entity has communicated information to the AUSTRAC CEO under subsection 41(2);

then:

(c) if subparagraph (b)(i) applies–the reporting entity must not disclose to someone other than the AUSTRAC CEO or a member of the staff of AUSTRAC:
(i) that the reporting entity has formed the applicable suspicion mentioned in subsection 41(1); or
(ii) any other information from which the person to whom the information is disclosed could reasonably be expected to infer that the suspicion had been formed; and

(d) if subparagraph (b)(ii) applies–the reporting entity must not disclose to a person other than the AUSTRAC CEO or a member of the staff of AUSTRAC any other information from which the person to whom the information is disclosed could reasonably be expected to infer that information had been communicated to the AUSTRAC CEO under subsection 41(2).

Note 1: For suspicious matter reporting obligation , see section 41.

Note 2: This subsection deals with the disclosure of information. It does not deal with the carrying out of applicable customer identification procedures.

(3) If a reporting entity is required under subsection 49(1) to give information, or produce a document, to a person, the reporting entity must not disclose to anyone else:

(a) that the reporting entity is or has been required to do so; or

(b) that the information has been given or the document has been produced; or

(c) any other information from which the person to whom the information is disclosed could reasonably be expected to infer that:
(i) the reporting entity had been required to give the first-mentioned information or produce the document; or
(ii) the first-mentioned information had been given; or
(iii) the document had been produced.

Exceptions

(4) Subsection (2) does not apply to the disclosure of information by a reporting entity if:

(a) the reporting entity is:
(i) a legal practitioner (however described); or
(ii) a partnership or company that carries on a business of using legal practitioners (however described) to supply professional legal services; or
(iii) a qualified accountant; or
(iv) a partnership or company that carries on a business of using qualified accountants to supply professional accountancy services; or
(v) a person specified in the AML/CTF Rules; and

(b) the information relates to the affairs of a customer of the reporting entity; and

(c) the disclosure is made for the purposes of dissuading the customer from engaging in conduct that constitutes, or could constitute:
(i) evasion of a taxation law; or
(ii) evasion of a law of a State or Territory that deals with taxation; or
(iii) an offence against a law of the Commonwealth or of a State or Territory.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code ).

(5) Subsection (2) does not apply to the disclosure of information by a reporting entity if the disclosure is to a legal practitioner (however described) for the purpose of obtaining legal advice.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code ).

(5A) A person to whom information has been disclosed under subsection (5) must not disclose the information to another person.

(6) Subsection (2) does not apply to the disclosure of information about the operation of Part 4 of the Charter of the United Nations Act 1945 .

Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code ).

(7) Subsection (2) does not apply to the disclosure of information by a reporting entity if:

(a) the reporting entity belongs to a designated business group or a corporate group; and

(c) the information relates to the affairs of a customer of the reporting entity; and

(d) the disclosure is made to another reporting entity that belongs to the designated business group or the corporate group (as the case may be); and

(e) the disclosure is made for the purpose of informing the other reporting entity about the risks involved in dealing with the customer.

Note: A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code ).

(7AA) A reporting entity to whom information has been disclosed under subsection (7) must not disclose the information unless:

(a) the disclosure is made to another reporting entity that belongs to the designated business group or the corporate group (as the case may be); and

(b) the disclosure is made for the purpose of informing the other reporting entity about the risks involved in dealing with the customer.

(7A) Subsection (2) does not apply to the disclosure of information by a reporting entity if:

(a) the reporting entity is a registered remittance affiliate of a registered remittance network provider and the disclosure is made to the registered remittance network provider; or

(b) the reporting entity is a registered remittance network provider and the disclosure is made to a registered remittance affiliate of the registered remittance network provider.

(7B) A reporting entity to whom information has been disclosed under subsection (7A) must not disclose the information to another person.

(8) Subsection (2) does not apply to the disclosure of information by a reporting entity if:

(a) the reporting entity is an ADI; and

(b) the disclosure is to an owner-managed branch of the ADI.

(8A) A person to whom information has been disclosed under subsection (8) must not disclose the information to another person.

(9) Subsection (2) does not apply to the disclosure of information by a reporting entity if:

(a) the disclosure is in compliance with a requirement under a law of the Commonwealth, a State or a Territory; or

(b) the disclosure is to an Australian government body that has responsibility for law enforcement.

Note: A defendant bears an evidential burden in relation to the matter in subsection (9) (see subsection 13.3(3) of the Criminal Code ).

(10) Except where it is necessary to do so for the purposes of giving effect to this Act or the Financial Transaction Reports Act 1988 , a reporting entity is not to be required to disclose to a court or tribunal information mentioned in subsection (1), (2) or (3).

Offence

(11) A person commits an offence if:

(a) the person is subject to a requirement under subsection (1), (2), (3), (5A), (7AA), (7B) or (8A); and

(b) the person engages in conduct; and

(c) the person’s conduct breaches the requirement.

Penalty for contravention of this subsection: Imprisonment for 2 years or 120 penalty units, or both.

Definition

(12) In this Act:

“corporate group” means a group of 2 or more bodies corporate that are related to each other under section 50 of the Corporations Act 2001 .

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

1. Proven Track Record of Exceptional Results

   Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

   Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.

   Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

   We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

   Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

2. Highest Level of Client Satisfaction

   We have the best and most comprehensive client review record of any law firm in Australia.

   Regular communication, accessibility and quality service are our team’s highest priorities.

   We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

   We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

3. Australia’s Most Awarded Criminal Law Firm
   

   We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

   The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

4. Fixed Fees
   

   We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

   We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

   Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

5. Free First Appointment
   

   For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

   We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

6. Specialist Lawyer Guarantee
   

   We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

   This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.

7. All NSW Courts
   

   From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

   And we offer fixed fees for most criminal and traffic law cases throughout the state.

8. Accredited Specialists

   Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

   All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

   An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

   Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.

   Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

9. Results-Focused Law Firm
   

   Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

   The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.

   Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.

   No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.

   The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.

10. Team of Lawyers Behind You
    

    Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.

    Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.

    A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.

    In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.

11. Familiar with Magistrates and Judges
    

    Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

    Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.

12. Convenience
    

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    • the Sydney CBD, on Castlereagh Street, directly opposite Downing Centre Court,
    • Parramatta, opposite the Justice Precinct carpark,
    • Liverpool, and
    • Sutherland.

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.