Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

53.

Defences — other disclosures.

53.— (1) It is a defence in any proceedings against a person for an offence under section 49, in relation to a disclosure, for the person to prove that—

(a) the disclosure was to the authority that, at the time of the disclosure, was the competent authority responsible for monitoring that person, or for monitoring the person on whose behalf the disclosure was made, under this Part,

(b) the disclosure was for the purpose of the detection, investigation or prosecution of an offence (whether or not in the State), or

(c) the person did not know or suspect, at the time of the disclosure, that the disclosure was likely to have the effect of prejudicing an investigation into whether an offence of money laundering or terrorist financing had been committed.

(2) It is a defence in any proceedings against a person for an offence under section 49, in relation to a disclosure, for the person to prove that—

(a) at the time of the disclosure, the person was a legal adviser or relevant professional adviser,

(b) the disclosure was to the person’s client and solely to the effect that the person would no longer provide the particular service concerned to the client,

(c) the person no longer provided the particular service after so informing the client, and

(d) the person made any report required in relation to the client in accordance with Chapter 4.