Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)

Schedules

Purchase

(1)	The repeal of section 7.

(2)	The substitution for section 7A of the following section:

7A.

Defence

(1)	If a person is charged with committing an offence under section 2(1)(a) or (b), 4, 5 or 6, that person may raise as a defence the fact that he or she had reported a knowledge or suspicion in terms of section 29 of the Financial Intelligence Centre Act, 2001.

(2)	If a person who is an employee of an accountable institution as defined in the Financial Intelligence Centre Act, 2001, is charged with committing an offence under section 2(1)(a) or (b), 4, 5 or 6, that person may also raise as a defence that fact that he or she had—

(a)	complied with the applicable obligations in terms of the internal rules 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 that Act; or

(c)	reported a suspicion to his or her superior, if any, if—

(i)	the accountable institution had not appointed such a person or established such rules;

(ii)	the accountable institution had not complied with its obligations in section 42(3) of that Act in respect of that person; or

(iii)

those rules were not applicable to that person.

(3)	The amendment of section 8 by the deletion of subsection (2).

(4)	The amendment of section 77—

(4.1)

by the deletion from subsection (1) of paragraph (b); and

(4.2)

by the deletion from subsection (1) of paragraph (c).

Amendment of Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)

The amendment of Part 1 of the Schedule by the addition of the following item:

"Act 38 of 2001 Financial Intelligence Centre Act Section 36"