Cap. 365 Art. 16PoweroftheBoard to request information.
(1) Notwithstanding anything contained in any other law, the
Board may, in the exercise of its functions under this Act, request from any person, physical or legal, and any authority or entity, any information it deems necessary, relevant and useful for the purpose of pursuing its functions under this Act.
(2) Notwithstanding anything contained in the Professional Secrecy Act and any obligation of secrecy or confidentiality under any other law, any person, physical or legal and any authority or entity from whom information is demanded by the Board in pursuance of its functions under this Act, shall communicate without delay the information requested to the Board, and for the purposes of article 257 of the Criminal Code any such disclosure shall be deemed to be a disclosure of information to a public authority compelled by law:
Provided that nothing in this article and in article 15 shall place or imply any obligation on the competent law enforcement authorities, the Security Service and the Financial Intelligence Analysis Unit to communicate to the Board any information which is deemed to be of a privileged nature or the communication of which may be in breach of their domestic or international obligations or otherwise hinder or prejudice the proper exercise of their functions; and any communication of information by the said authorities to the Board shall be in accordance with Memorandum of Understanding that shall be concluded for this purpose between the Board and the said authorities, taking into account their domestic and international obligations. When a Memorandum of Understanding is not in force the Board and the said authorities, shall exchange information by mutual agreement and in accordance with the principles of this article: Provided further that nothing in this article and in article 15 shall imply any obligation on the Attorney General to communicate to the Board any information which in any way relates to or is connected with or came into his possession as a result of the exercise by him of any powers referred to in article 91(3) of the Constitution or any obligation on any person to communicate to the Board any information which would in legal proceedings be protected from disclosure by article 642(1) of the Criminal Code or by article 588(1) of the Code of
Organization and Civil Procedure.
Änderungsgeschichte
- Amended by XXI.2018.4
Verweist auf
- Cap. 365 Art. 15
- Cap. 365 Art. 257
- Cap. 365 Art. 588
- Cap. 365 Art. 642
- Cap. 365 Art. 91