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BANKING ACT 1959 - SECT 11CM

Disclosure allowed by APRA Act secrecy provision

             (1)  A person covered by subsection 11CI(2) in relation to a direction may disclose information that reveals the fact that the direction was made if:

                     (a)  the person is:

                              (i)  an APRA member (within the meaning of subsection 56(1) of the Australian Prudential Regulation Authority Act 1998 ); or

                             (ii)  an APRA staff member (within the meaning of that subsection); or

                           (iia)  a Financial Regulator Assessment Authority official (within the meaning of that subsection); or

                            (iii)  a Commonwealth officer (within the meaning of the Crimes Act 1914 ) who is covered by paragraph (c) of the definition of officer in subsection 56(1) of the Australian Prudential Regulation Authority Act 1998 ; and

                     (b)  the information is protected information (within the meaning of subsection 56(1) of that Act), or is contained in a protected document (within the meaning of that subsection); and

                     (c)  the disclosure is in accordance with a provision mentioned in paragraph 56(2)(c) of that Act.

Relationship to APRA Act secrecy provision

             (2)  Disclosure of information in relation to a direction is not an offence under section 56 of the Australian Prudential Regulation Authority Act 1998 if the disclosure is authorised by section 11CJ, 11CK, 11CL, 11CN or 11CO.



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