Implementation of Geneva Conventions Act, 2012
R 385
Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)Chapter 4 : Compliance and Enforcement60. Misuse of information |
| (1) | Any person who— |
| (a) | discloses confidential information held by or obtained from the Centre otherwise than in accordance with section 40 or 41; or |
[Section 60(1)(a) substituted by section 22 of the Financial Intelligence Centre Amendment Act, 2008 (Act No. 11 of 2008)]
| (b) | wilfully destroys or in any other way tampers with information kept by the Centre for the purposes of this Act; |
[Section 60(1)(b) substituted by section 45(a) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (c) | uses information from the Centre otherwise than in accordance with— |
| (i) | any arrangements or safeguards made or imposed by the Director in terms of section 40(3); or |
| (ii) | section 40(6); or |
[Section 60(1)(c) substituted by section 45(a) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (d) | discloses a fact or information contemplated in section 45B(2A), or uses such information, otherwise than as permitted by section 45B(5), |
[Section 60(1)(d) inserted by section 45(b) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
is guilty of an offence.
| (2) | Any person who knows, suspects, or ought reasonably to have known or suspected— |
| (a) | that information has been disclosed to the Centre; or |
| (b) | that an investigation is being, or may be, conducted as a result of information that has been or is to be disclosed to the Centre, |
and who directly or indirectly alerts, or brings information to the attention of, another person which will or is likely to prejudice such an investigation, is guilty of an offence.
