Banking Act 1959

Part II - Provisions relating to the carrying on of banking business  

Division 1BA - APRA's power to issue directions  

Subdivision D - Secrecy and disclosure provisions relating to all directions  

SECTION 11CI   Secrecy relating to directions  

(1)  
A person commits an offence if:


(a) APRA has given an entity (the directed entity ) a direction under this Act; and


(b) the direction is covered by a determination under subsection 11CH(2) ; and


(c) the person is, or has been, covered by subsection (2) of this section in relation to the direction; and


(d) the person discloses information; and


(e) the information reveals the fact that the direction was made.

Penalty: Imprisonment for 2 years.

(2)  
A person is covered by this subsection in relation to the direction if the person is:


(a) the directed entity; or


(b) an officer, employee or contractor of the directed entity at a time on or after APRA gave the directed entity the direction; or


(c) any other person who, because of his or her employment, or in the course of that employment, has acquired information that reveals the fact that the direction was made. Exception

(3)  
Subsection (1) does not apply if:


(a) the disclosure is authorised by section 11CJ , 11CK , 11CL , 11CM , 11CN or 11CO ; or


(b) the disclosure is required by an order or direction of a court or tribunal.

Note:

A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).




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