There are limited exceptions to the tipping off provisions.

Providing legal or financial advice to a client 

If you are a reporting entity who is a legal practitioner or a qualified accountant, you are exempted from the tipping off offence in situations where:

• the information you are disclosing relates to the affairs of your customer or client
• you are disclosing the information to that customer or client, and
• the purpose of the disclosure is to discuss your concerns and dissuade them from committing tax evasion or a criminal offence.

In these circumstances, the nature of your discussions with your client should focus on their financial activities and how they could be breaking the law. You should try not to disclose to your client that you have submitted, or are required to submit, an SMR to AUSTRAC. Specifically disclosing that you have or will submit an SMR could compromise law enforcement investigations, even if the exception allows it.

Sharing information within a designated business group (DBG), corporate group, or remittance network 

You can share information about an SMR you have reported, or are required to report, with other members of your designated business group (DBG) or corporate group provided:

• the information relates to the affairs of a person who is, or was, your customer, or makes inquiries about becoming your customer
• the information is disclosed for the purpose of informing other members of your DBG or corporate group about the risks involved in dealing with that customer
• the recipients are reporting entities in Australia or are regulated under equivalent AML/CTF laws in a foreign country, and
• the recipients have provided a written undertaking for:
  • protecting the confidentiality of the information you disclose
  • controlling the use of the information
  • ensuring that the information will only be used for the purpose for which it is disclosed.

Registered remittance affiliates and their remittance network providers can disclose SMR information between each other; however, you cannot share SMR information with an affiliate or provider of another remittance network.

Engagement with law enforcement and regulatory agencies 

If a law of the Commonwealth, a State or a Territory requires you to disclose that you have submitted, or are required to submit, an SMR to AUSTRAC, then you will not be breaching the tipping off prohibition by complying with the requirement of that law.

The tipping off offence also does not prevent you from sharing information with Australian law enforcement agencies on a voluntary or cooperative basis. You are permitted to disclose that you have submitted, or are required to submit, an SMR to AUSTRAC, including the information set out in that SMR, to an Australian government body that has responsibility for law enforcement, such as the Australian Federal Police (AFP), Australian Criminal Intelligence Commission (ACIC), a State or Territory police force, ASIC or APRA.

If in doubt about whether or not you are lawfully permitted to disclose SMRs or SMR related information in compliance with a law of the Commonwealth, State or Territory or to a government agency with law enforcement responsibility in the specific circumstances of your case, seek advice from AUSTRAC.

Disclosure to court or tribunal for purpose of AML/CTF Act or FTR Act 

Disclosure to a court or tribunal, for example, in response to a subpoena, is permitted but only if the court or tribunal proceeding relates to a proceeding commenced under the AML/CTF Act or the FTR Act. 

Regardless of whether or not the court or tribunal proceeding in relation to which you are compelled to disclose SMRs and SMR-related information was commenced under the AML/CTF Act or the FTR Act, you should always consult with AUSTRAC to seek advice before making any disclosure.

Other exceptions 

Additional exceptions include:

• requesting legal advice from a legal practitioner
• disclosure to a person who is appointed or engaged to audit or review your AML/CTF program
• authorised deposit-taking institutions (ADIs) disclosing customer information to an owner-managed branch of the ADI
• informing someone about the operation of counter-terrorism financing sanctions under Part 4 of the Charter of the United Nations Act. For example, you may inform law enforcement or the Department of Foreign Affairs and Trade (DFAT), which is responsible for the administration of Australia’s sanctions regime, about the freezing of assets, or explain to a customer why a transaction prohibited by counter-terrorism sanctions cannot be carried out.

Notices to produce information or documents and tipping off 

You may receive a notice that requires you to provide more information or documents related to a threshold transaction report (TTR), a report about an international funds transfer instruction (IFTI), or an SMR submitted to AUSTRAC.

Certain prescribed agencies issue these notices for additional required information under section 49 of the AML/CTF Act. In this scenario, you must not disclose to anyone (except the following persons) any information about the notice or the information you have provided, or are required to provide in response to the notice.