Housing Development Agency Act, 2008
R 385
Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)Chapter 4 : Compliance and Enforcement69. Defences |
If a person who is an employee, director or trustee of, or a partner in, an accountable institution is charged with committing an offence under section 52, that person may raise as a defence the fact that he or she had—
| (a) | complied with the applicable obligations in terms of the Risk Management and Compliance Programme relating to the reporting of information of the accountable institution; or |
| (b) | reported the matter to the person charged with the responsibility of ensuring compliance by the accountable institution with its duties under this Act; or |
| (c) | reported the matter to his or her superior, if any, if— |
| (i) | the accountable institution had not appointed such a person or established such Risk Management and Compliance Programme; |
| (ii) | the accountable institution had not complied with its obligations in section 42(3) in respect of that person; or |
| (iii) | the Risk Management and Compliance Programme was not applicable to that person. |
[Section 69 substituted by section 51 of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
