Division 4 — Additional provisions for Divisions 2 and 3
Offences under this Part
158.—(1)  A person shall be guilty of an offence if the person —
(a)without reasonable excuse, refuses or fails to comply with an order under section 155(2)(a) or 157(2);
(b)without reasonable excuse, refuses or fails to comply with section 155(5) or 157(5); or
(c)in purported compliance with an order under section 155(2)(a) or 157(2) or with section 155(5) or 157(5), provides to the Authority any information, or copy of any information, known to the person to be false or misleading in a material particular.
[14/2015; 31/2017]
(2)  Any person who is guilty of an offence under subsection (1)(a) or (b) shall be liable on conviction —
(a)in any case where the person is an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or
(b)in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.
[14/2015]
(3)  Any person who is guilty of an offence under subsection (1)(c) shall be liable on conviction —
(a)in any case where the person is an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; or
(b)in any other case, to a fine not exceeding $100,000.
[14/2015]
Immunities
159.—(1)  No civil or criminal liability is incurred by any person for —
(a)providing to the Authority any information or copy of any information, if the person had provided the information or copy with reasonable care and in good faith and in compliance with an order under section 155(2)(a) or 157(2) or with section 155(5) or 157(5); or
(b)doing or omitting to do any act, if the person had done or omitted to do the act with reasonable care and in good faith and for the purpose of complying with an order under section 155(2)(a) or 157(2) or with section 155(5) or 157(5).
[14/2015; 31/2017]
(2)  A person does not breach any restriction upon the disclosure of information imposed by any prescribed written law or any requirement imposed under any such written law, any rule of law, any contract or any rule of professional conduct, if the person makes the disclosure with reasonable care and in good faith and in compliance with an order made under section 155(2)(a) or 157(2) or with section 155(5) or 157(5).
[14/2015; 31/2017]
Authority may provide assistance
160.  Despite the provisions of any prescribed written law or any requirement imposed under any such written law, any rule of law, any contract or any rule of professional conduct, the Authority or any person authorised by the Authority may, on the Authority’s own motion, and subject to the satisfaction of such conditions as the Authority may determine, transmit any information in the Authority’s possession or a copy of the information, to —
(a)an AML/CFT authority in connection with any supervision or supervisory action by the AML/CFT authority; or
(b)a domestic authority in connection with an investigation, an enforcement action or a supervisory action by the domestic authority.
[14/2015; 31/2017]