PART 6 | Assisting another to retain benefits of drug dealing |
50.—(1) Subject to subsection (3), a person who enters into, or is otherwise concerned in an arrangement, knowing or having reasonable grounds to believe that by the arrangement —| (a) | the retention or control by or on behalf of another (called in this subsection that other person) of that other person’s benefits of drug dealing is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); or [Act 15 of 2023 wef 08/02/2024] | | (b) | that other person’s benefits of drug dealing —| (i) | are used to secure funds that are placed at that other person’s disposal, directly or indirectly; or | | (ii) | are used for that other person’s benefit to acquire property by way of investment or otherwise, |
|
| and knowing or having reasonable grounds to believe that that other person is a person who carries on or has carried on drug dealing or has benefited from drug dealing, shall be guilty of an offence. |
[21/2014] (1A) Subject to subsection (3), a person (A) —| (a) | who enters into, or is otherwise concerned in, an arrangement under which —| (i) | the retention or control by or on behalf of another person (B) of B’s, or any other person’s, benefits of drug dealing is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); | | (ii) | funds that are placed at another person’s (B) disposal are secured, directly or indirectly, by B’s, or any other person’s, benefits of drug dealing; or | | (iii) | property is acquired for another person’s (B) benefit, by way of investment or otherwise, using B’s, or any other person’s, benefits of drug dealing; and |
| | (b) | who —| (i) | does so rashly in respect of the circumstance that the arrangement relates to benefits of drug dealing; or | | (ii) | does so negligently, |
|
| shall be guilty of an offence. |
[Act 15 of 2023 wef 08/02/2024] |
| (2) In this section, references to any person’s benefits of drug dealing include a reference to any property which, in whole or in part, directly or indirectly, represented in the person’s hands the person’s benefits of drug dealing. [21/2014] |
(3) Where a person discloses to an authorised officer a suspicion or belief that any property, funds or investments are derived from or used in connection with drug dealing or any matter on which such a suspicion or belief is based —| (a) | if the person does any act in contravention of subsection (1) or (1A) and the disclosure relates to the arrangement concerned, the person shall not be guilty of an offence under this section if the disclosure is made in accordance with this paragraph, that is —| (i) | it is made before the person does the act concerned, being an act done with the consent of the authorised officer; or | | (ii) | it is made after the person does the act, but is made on the person’s initiative and as soon as it is reasonable for the person to make it; [Act 15 of 2023 wef 08/02/2024] |
| | (b) | the disclosure is not to be treated as a breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct; and | | (c) | the person shall not be liable in damages for any loss arising out of —| (i) | the disclosure; or | | (ii) | any act done or omitted to be done in relation to the property, funds or investments in consequence of the disclosure. [21/2014] |
|
|
(4) In any proceedings against a person for an offence under this section, it is a defence to prove —| (a) | that the person did not know and had no reasonable ground to believe that the arrangement related to any person’s proceeds of drug dealing; | | (b) | that the person did not know and had no reasonable ground to believe that, by the arrangement, the retention or control by or on behalf of the relevant person of any property was facilitated or (as the case may be) that, by the arrangement, any property was used as mentioned in subsection (1) or (1A), as the case may be; [Act 15 of 2023 wef 08/02/2024] | | (c) | that —| (i) | the person intended to disclose to an authorised officer such suspicion, belief or matter as is mentioned in subsection (3) in relation to the arrangement; and | | (ii) | there is reasonable excuse for the person’s failure to make disclosure in accordance with subsection (3)(a); or |
| | (d) | that, in the case of a person who was in employment at the time in question and the person enters or is otherwise concerned in the arrangement in the course of his or her employment, the person disclosed the suspicion, belief or matter as is mentioned in subsection (3) to the appropriate person in accordance with the procedure established by his or her employer for the making of such disclosures. [21/2014] |
|
| (5) Any individual who commits an offence under subsection (1) shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both. [Act 15 of 2023 wef 08/02/2024] |
(6) Any individual who commits an offence under subsection (1A) shall be liable on conviction —| (a) | in a case mentioned in subsection (1A)(b)(i), to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or | | (b) | in a case mentioned in subsection (1A)(b)(ii), to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 15 of 2023 wef 08/02/2024] |
|
| (7) Any person who is not an individual who commits an offence under subsection (1) or (1A) shall be liable on conviction to a fine not exceeding $1 million or twice the value of the benefits of drug dealing in respect of which the offence was committed, whichever is higher. [43 [44/2007; 21/2014; 51/2018] [Act 15 of 2023 wef 08/02/2024] |
|
| Assisting another to retain benefits from criminal conduct |
51.—(1) Subject to subsection (3), a person who enters into or is otherwise concerned in an arrangement, knowing or having reasonable grounds to believe that, by the arrangement —| (a) | the retention or control by or on behalf of another (called in this subsection that other person) of that other person’s benefits from criminal conduct is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); or [Act 15 of 2023 wef 08/02/2024] | | (b) | that other person’s benefits from criminal conduct —| (i) | are used to secure funds that are placed at that other person’s disposal, directly or indirectly; or | | (ii) | are used for that other person’s benefit to acquire property by way of investment or otherwise, |
|
| and knowing or having reasonable grounds to believe that that other person is a person who engages in or has engaged in criminal conduct or has benefited from criminal conduct shall be guilty of an offence. |
[51/2018] (1A) Subject to subsection (3), a person (A) —| (a) | who enters into, or is otherwise concerned in, an arrangement under which —| (i) | the retention or control by or on behalf of another person (B) of B’s, or any other person’s, benefits from criminal conduct is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); | | (ii) | funds that are placed at another person’s (B) disposal are secured, directly or indirectly, by B’s, or any other person’s, benefits from criminal conduct; or | | (iii) | property is acquired for another person’s (B) benefit, by way of investment or otherwise, using B’s, or any other person’s, benefits from criminal conduct; and |
| | (b) | who —| (i) | does so rashly in respect of the circumstance that the arrangement relates to benefits from criminal conduct; or | | (ii) | does so negligently, |
|
| shall be guilty of an offence. |
[Act 15 of 2023 wef 08/02/2024] |
| (2) In this section, references to any person’s benefits from criminal conduct include a reference to any property which, in whole or in part, directly or indirectly, represented in the person’s hands the person’s benefits from criminal conduct. |
(3) Where a person discloses to an authorised officer the person’s knowledge or belief that any property, funds or investments are derived from or used in connection with criminal conduct or any matter on which such knowledge or belief is based —| (a) | if the person does any act in contravention of subsection (1) or (1A) and the disclosure relates to the arrangement concerned, the person shall not be guilty of an offence under this section if the disclosure is made in accordance with this paragraph, that is —| (i) | it is made before the person does the act concerned, being an act done with the consent of the authorised officer; or | | (ii) | it is made after the person does the act, but is made on the person’s initiative and as soon as it is reasonable for the person to make it; [Act 15 of 2023 wef 08/02/2024] |
| | (b) | the disclosure is not to be treated as a breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct; and | | (c) | the person shall not be liable in damages for any loss arising out of —| (i) | the disclosure; or | | (ii) | any act done or omitted to be done in relation to the property, funds or investments in consequence of the disclosure. |
|
|
(4) In any proceedings against a person for an offence under this section, it is a defence to prove —| (a) | that the person did not know and had no reasonable ground to believe that the arrangement related to any person’s proceeds derived from criminal conduct; | | (b) | that the person did not know and had no reasonable ground to believe that, by the arrangement, the retention or control by or on behalf of the relevant person of any property was facilitated or (as the case may be) that, by the arrangement, any property was used as mentioned in subsection (1) or (1A), as the case may be; [Act 15 of 2023 wef 08/02/2024] | | (c) | that —| (i) | the person intended to disclose to an authorised officer such knowledge, belief or matter as is mentioned in subsection (3) in relation to the arrangement; and | | (ii) | there is reasonable excuse for the person’s failure to make disclosure in accordance with subsection (3)(a); |
| | (d) | that, in the case of a person who was in employment at the time in question and the person enters or is otherwise concerned in the arrangement in the course of his or her employment, the person disclosed the knowledge, belief or matter as is mentioned in subsection (3) to the appropriate person in accordance with the procedure established by his or her employer for the making of such disclosures. |
|
| (5) Any individual who commits an offence under subsection (1) shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both. [Act 15 of 2023 wef 08/02/2024] |
(6) Any individual who commits an offence under subsection (1A) shall be liable on conviction —| (a) | in a case mentioned in subsection (1A)(b)(i), to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or | | (b) | in a case mentioned in subsection (1A)(b)(ii), to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 15 of 2023 wef 08/02/2024] |
|
| (7) Any person who is not an individual who commits an offence under subsection (1) or (1A) shall be liable on conviction to a fine not exceeding $1 million or twice the value of the benefits from criminal conduct in respect of which the offence was committed, whichever is higher. [44 [44/2007; 21/2014; 51/2018] [Act 15 of 2023 wef 08/02/2024] |
|
| Restriction on revealing disclosure under sections 50 and 51 |
52.—(1) Subject to subsection (2), no witness in any civil or criminal proceedings is obliged —| (a) | to reveal that a disclosure was made under section 50(3) or 51(3); | | (b) | to reveal the identity of any person as the person making the disclosure; or | | (c) | to answer any question if the answer would lead, or would tend to lead, to the revealing of any fact or matter referred to in paragraph (a) or (b). |
(2) Subsection (1) does not apply in any proceedings —| (a) | for an offence under section 50 or 51 or this section; or | | (b) | where the court is of the opinion that justice cannot fully be done between the parties without revealing the disclosure or the identity of any person as the person making the disclosure. |
|
(3) Subject to subsections (4), (5) and (6), a person must not publish or broadcast any information so as to reveal or suggest —| (a) | that a disclosure was made under section 50(3) or 51(3); or | | (b) | the identity of any person as the person making the disclosure. |
|
(4) In subsection (3), “information” —| (a) | includes a report of any civil or criminal proceedings; and | | (b) | does not include information published for statistical purposes by, or under the authority of, the Government. |
|
(5) Subsection (3) does not apply in respect of proceedings —| (a) | against the person making the disclosure for an offence under section 50 or 51; or | | (b) | for an offence under this section. |
|
| (6) The court may, if satisfied that it is in the interests of justice to do so, by order dispense with the requirements of subsection (3) to such extent as may be specified in the order. |
(7) If information is published or broadcast in contravention of subsection (3), each of the following persons:| (a) | in the case of publication as part of a newspaper or periodical publication — any proprietor, editor, publisher and distributor thereof; | | (b) | in the case of a publication otherwise than as part of a newspaper or periodical publication — any person who publishes it and any person who distributes it; | | (c) | in the case of a broadcast — any person who broadcasts the information and, if the information is contained in a programme, any person who transmits or provides the programme and any person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. |
|
(8) In this section —| “broadcast” includes broadcast by radio, film, videotape or television; |
| “publish” means publish in writing. [45 |
|
|
| Acquiring, possessing, using, concealing or transferring benefits of drug dealing |
53.—(1) Any person who —| (a) | conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, the person’s benefits of drug dealing; | | (b) | converts or transfers that property or removes it from the jurisdiction; or | | (c) | acquires, possesses or uses that property, |
| shall be guilty of an offence. |
[44/2007; 21/2014] (2) Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits of drug dealing —| (a) | conceals or disguises that property; or | | (b) | converts or transfers that property or removes it from the jurisdiction, |
| shall be guilty of an offence. |
[4/2010; 21/2014] |
| (3) Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits of drug dealing, acquires that property or has possession of or uses such property, shall be guilty of an offence. [44/2007; 4/2010; 21/2014] |
(3A) Any person —| (a) | who —| (i) | conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, another person’s benefits of drug dealing; | | (ii) | converts or transfers that property or removes it from the jurisdiction; or | | (iii) | acquires, possesses or uses that property; and |
| | (b) | who —| (i) | does so rashly in respect of the circumstance that the property represents another person’s benefits of drug dealing; or | | (ii) | does so negligently, |
|
| shall be guilty of an offence. |
[Act 15 of 2023 wef 08/02/2024] |
| (4) In subsections (1)(a), (2)(a) and (3A)(a)(i), references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it. [Act 15 of 2023 wef 08/02/2024] |
| (5) Any individual who commits an offence under subsection (1), (2) or (3) shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both. [Act 15 of 2023 wef 08/02/2024] |
(6) Any individual who commits an offence under subsection (3A) shall be liable on conviction —| (a) | in a case mentioned in subsection (3A)(b)(i), to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or | | (b) | in a case mentioned in subsection (3A)(b)(ii), to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 15 of 2023 wef 08/02/2024] |
|
| (7) Any person who is not an individual who commits an offence under subsection (1), (2), (3) or (3A) shall be liable on conviction to a fine not exceeding $1 million or twice the value of the benefits of drug dealing in respect of which the offence was committed, whichever is higher. [46 [44/2007; 21/2014; 51/2018] [Act 15 of 2023 wef 08/02/2024] |
|
| Acquiring, possessing, using, concealing or transferring benefits from criminal conduct |
54.—(1) Any person who —| (a) | conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, the person’s benefits from criminal conduct; | | (b) | converts or transfers that property or removes it from the jurisdiction; or | | (c) | acquires, possesses or uses that property, |
| shall be guilty of an offence. |
[44/2007; 51/2018] (2) Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits from criminal conduct —| (a) | conceals or disguises that property; or | | (b) | converts or transfers that property or removes it from the jurisdiction, |
| shall be guilty of an offence. |
[4/2010] |
| (3) Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits from criminal conduct, acquires that property, or has possession of or uses such property, shall be guilty of an offence. [44/2007; 4/2010] |
(3A) Any person —| (a) | who —| (i) | conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, another person’s benefits from criminal conduct; | | (ii) | converts or transfers that property or removes it from the jurisdiction; or | | (iii) | acquires, possesses or uses that property; and |
| | (b) | who —| (i) | does so rashly in respect of the circumstance that the property represents another person’s benefits from criminal conduct; or | | (ii) | does so negligently, |
|
| shall be guilty of an offence. |
[Act 15 of 2023 wef 08/02/2024] |
| (4) In subsections (1)(a), (2)(a) and (3A)(a)(i), references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it. [Act 15 of 2023 wef 08/02/2024] |
| (5) Any individual who commits an offence under subsection (1), (2) or (3) shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both. [Act 15 of 2023 wef 08/02/2024] |
(6) Any individual who commits an offence under subsection (3A) shall be liable on conviction —| (a) | in a case mentioned in subsection (3A)(b)(i), to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or | | (b) | in a case mentioned in subsection (3A)(b)(ii), to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 15 of 2023 wef 08/02/2024] |
|
| (7) Any person who is not an individual who commits an offence under subsection (1), (2), (3) or (3A) shall be liable on conviction to a fine not exceeding $1 million or twice the value of the benefits from criminal conduct in respect of which the offence was committed, whichever is higher. [47 [44/2007; 21/2014; 51/2018] [Act 15 of 2023 wef 08/02/2024] |
|
| Possessing or using property reasonably suspected to be benefits from drug dealing, etc. |
| 55.—(1) Any person who possesses or uses any property that may be reasonably suspected of being, or of in whole or in part, directly or indirectly, representing, any benefits of drug dealing or benefits from criminal conduct shall, if the person fails to account satisfactorily how the person came by the property, be guilty of an offence. [51/2018] (2) Any person who commits an offence under subsection (1) shall be liable on conviction —| (a) | if the person is an individual, to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 3 years or to both; or | | (b) | if the person is not an individual, to a fine not exceeding $300,000. [47AA [51/2018] |
|
|
| Assisting another to retain benefits of drug dealing or benefits from criminal conduct in certain circumstances, etc. |
55A.—(1) Any person (A) —| (a) | who enters into, or is otherwise concerned in, an arrangement under which —| (i) | the retention or control by or on behalf of another person (B) of B’s, or any other person’s, benefits of drug dealing or benefits from criminal conduct is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); | | (ii) | funds that are placed at another person’s (B) disposal are secured, directly or indirectly, by B’s, or any other person’s, benefits of drug dealing or benefits from criminal conduct; or | | (iii) | property is acquired for another person’s (B) benefit, by way of investment or otherwise, using B’s, or any other person’s, benefits of drug dealing or benefits from criminal conduct; and |
| | (b) | who does so in any of the following circumstances:| (i) | the value of the benefits of drug dealing or benefits from criminal conduct involved in the arrangement mentioned in paragraph (a) is disproportionate to A’s known sources of income; | | (ii) | under the arrangement mentioned in paragraph (a) —| (A) | A enables B or any other person to access, operate or control a payment account which A is able to access, operate or control; and | | (B) | at the time A enters into or becomes concerned with the arrangement, A fails to take reasonable steps to ascertain the purpose of B or that other person being able to access, operate or control the payment account mentioned in sub-paragraph (A); |
| | (iii) | under the arrangement mentioned in paragraph (a) —| (A) | money is received in or transferred from a payment account which A is able to access, operate or control; and | | (B) | at the time A enters into or becomes concerned with the arrangement, A fails to take reasonable steps to ascertain the source or destination of the money; |
| | (iv) | under the arrangement mentioned in paragraph (a) —| (A) | A receives money from or transfers money to B or any other person; and | | (B) | at the time A enters into or becomes concerned with the arrangement, A fails to take reasonable steps to ascertain B’s or that other person’s identity and physical location, |
|
|
| shall be guilty of an offence. |
(2) Any person (A) —| (a) | who —| (i) | conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, another person’s benefits of drug dealing or benefits from criminal conduct; | | (ii) | converts or transfers that property or removes it from the jurisdiction; or | | (iii) | acquires, possesses or uses that property; and |
| | (b) | who does so in any of the following circumstances:| (i) | the value of the property mentioned in paragraph (a) is disproportionate to A’s known sources of income; | | (ii) | in a case mentioned in paragraph (a)(iii) —| (A) | A acquires, possesses or uses the property through a payment account which A is able to access, operate or control; | | (B) | A enables another person (B) to access, operate or control the payment account mentioned in sub-paragraph (A); and | | (C) | at the time A enters into or becomes concerned with the arrangement, A fails to take reasonable steps to ascertain the purpose of B being able to access, operate or control the payment account mentioned in sub-paragraph (A); |
| | (iii) | A does the act mentioned in paragraph (a) —| (A) | by receiving money in or transferring money from a payment account which A is able to access, operate or control; and | | (B) | at the time A receives or transfers the money, A fails to take reasonable steps to ascertain the source or destination of the money; |
| | (iv) | A does the act mentioned in paragraph (a) —| (A) | by receiving property from or by transferring property to another person (C); and | | (B) | at the time A receives or transfers the property, A fails to take reasonable steps to ascertain C’s identity and physical location, |
|
|
| shall be guilty of an offence. |
|
| (3) In any proceedings against a person for an offence under subsection (1), it is a defence to prove that the person did not know and had no reasonable ground to believe that the arrangement mentioned in subsection (1)(a) related to any person’s benefits of drug dealing or benefits from criminal conduct, as the case may be. |
| (4) In any proceedings against a person for an offence under subsection (2), it is a defence to prove that the person did not know and had no reasonable ground to believe that the property mentioned in subsection (2)(a) represented any person’s benefits of drug dealing or benefits from criminal conduct, as the case may be. |
| (5) Any individual who commits an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both. |
| (6) Any person who is not an individual who commits an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $1 million or twice the value of the benefits of drug dealing or benefits from criminal conduct (as the case may be) in respect of which the offence was committed, whichever is higher. |
| (7) In this section, “payment account” has the meaning given by section 2(1) of the Payment Services Act 2019. [Act 15 of 2023 wef 08/02/2024] |
|
| Proof and knowledge, etc., of predicate offence |
| 56.—(1) For the purpose of proving under this Part whether the whole or any part of any property constitutes, or directly or indirectly represents, the benefits of drug dealing or the benefits from criminal conduct, it is not necessary for the prosecution to prove the particulars of any offence constituted by the drug dealing or criminal conduct. [21/2014] (2) For the purpose of proving under this Part whether a person knows or has reasonable grounds to believe that the whole or any part of any property constitutes, or directly or indirectly represents, the benefits of drug dealing or the benefits from criminal conduct —| (a) | it is sufficient for the prosecution to prove that the person knows or has reasonable grounds to believe that the whole or part of the property constitutes, or directly or indirectly represents, the benefits of an offence generally; and | | (b) | it is not necessary for the prosecution to prove that the person knows or has reasonable grounds to believe that the whole or part of the property constitutes, or directly or indirectly represents, the benefits of a particular offence. [21/2014] |
|
(3) For the purpose of proving under this Part whether doing or being concerned in any act in a foreign country constitutes drug dealing or criminal conduct —| (a) | where the prosecution adduces, to the satisfaction of the court, some evidence that doing or being concerned in the act satisfies every element of a foreign drug dealing offence or foreign serious offence, it is presumed, until the contrary is proved, that the act constitutes that foreign drug dealing offence or foreign serious offence, as the case may be; and | | (b) | without affecting section 59(1)(b) of the Evidence Act 1893, the court may take judicial notice of any Act passed by the legislature of that foreign country. [51/2018] |
|
| (4) Section 59(2) and (3) of the Evidence Act 1893 applies to the taking of judicial notice under subsection (3)(b). [47A [51/2018] |
|
57.—(1) Any person who —| (a) | knows or has reasonable grounds to suspect that an authorised officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act or any subsidiary legislation made under this Act; and | | (b) | discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 3 years or to both. |
[51/2018] (2) Any person who —| (a) | knows or has reasonable grounds to suspect that a disclosure has been or is being made to an authorised officer under this Act (called in this section the disclosure); and | | (b) | discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 3 years or to both. |
[4/2010; 51/2018] |
(3) Nothing in subsection (1) or (2) makes it an offence for an advocate and solicitor or his or her employee to disclose any information or other matter —| (a) | to, or to a representative of, a client of his or her in connection with the giving of advice to the client in the course of and for the purpose of the professional employment, of the advocate and solicitor; or | | (b) | to any person —| (i) | in contemplation of, or in connection with, legal proceedings; and | | (ii) | for the purpose of those proceedings. |
|
|
(4) Nothing in subsection (1) or (2) makes it an offence for a legal counsel acting as such for his or her employer, or a person who works under the supervision of the legal counsel, to disclose any information or other matter —| (a) | to the employer in connection with the giving of legal advice to the employer, or to any employee or officer of the employer, in the course of and for the purpose of the employment of the legal counsel as such; or | | (b) | to any person —| (i) | in contemplation of, or in connection with, legal proceedings concerning the employer; and | | (ii) | for the purposes of those proceedings. [21/2014] |
|
|
| (5) Subsections (3) and (4) do not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose. [21/2014] |
| (6) In proceedings against a person for an offence under subsection (1) or (2), it is a defence to prove that the person did not know and had no reasonable ground to suspect that the disclosure was likely to be prejudicial in the way mentioned in subsection (1) or (2). |
| (7) No authorised officer or other person shall be guilty of an offence under this section in respect of anything done by the authorised officer or person in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other written law relating to drug dealing or criminal conduct. [48 [21/2014] |
|
|
