Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.1 - MATTERS RELATING TO HANDLING RECORDS AND INFORMATION  

Division 3 - Miscellaneous  

SECTION 1274AB   DISCLOSING (INCLUDING PUBLISHING) INFORMATION ON CERTAIN REGISTERS IN THE PUBLIC INTEREST ETC.  

1274AB(1)    
ASIC may disclose (including publish) information on a register prescribed for the purposes of subsection 1274A(2) or (3) if ASIC reasonably believes that:

(a)    the benefits of making such a disclosure outweigh any risks of doing so; and

(b)    after having regard to the following matters, making such a disclosure is in the public interest:

(i) whether making such a disclosure could protect consumers or investors from wrongdoing;

(ii) the purpose for which the information was collected;

(iii) any harm or adverse impacts for persons (including impacts related to privacy or safety) that could result from making, or not making, such a disclosure;

(iv) whether the information is commercially sensitive;

(v) whether making, or not making, such a disclosure could prejudice the proper administration of justice;

(vi) any other matters prescribed by regulations made for the purposes of this subparagraph;

(vii) any other matters that ASIC considers relevant.

Note: ASIC may include with such information any other information ASIC is entitled to access and disclose.

1274AB(2)    
Subsection (1) does not apply to information covered by any of subparagraphs 1274(2)(a)(iab) to (v) .

1274AB(3)    
ASIC may make a decision under subsection (1) in relation to particular information or a class of information.