| (1) | The repeal of section 7. |
| (2) | The substitution for section 7A of the following section: |
| (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"
