Banking Act 1959
Part II
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Provisions relating to the carrying on of banking business
Division 1BA
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APRA's power to issue directions
Subdivision D
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Secrecy and disclosure provisions relating to all directions
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) a determination under subsection (2) or (5) allows the disclosure by the person; and
(b) if APRA has included conditions in the determination - those conditions are satisfied. Determinations relating to specified person (2)
APRA may, in writing, make a determination allowing:
(a) a specified person covered by subsection 11CI(2) in relation to a specified direction; or
(b) a specified person covered by subsection 11CI(2) in relation to a direction that is in a specified class of directions;
An instrument under subsection (2) is not a legislative instrument. (4)
APRA must give a copy of the determination as soon as practicable after making it to:
(a) the directed entity; and
(b) the person specified, or each person specified, in the determination. Determinations relating to specified class of persons (5)
APRA may, by legislative instrument, make a determination allowing a specified class of persons covered by subsection 11CI(2) in relation to a direction that is in a specified class of directions to disclose:
(a) specified kinds of information in relation to the direction; or
(b) any kind of information in relation to the direction. Conditions in determinations (6)
APRA may include conditions in a determination under subsection (2) or (5) that relate to any of the following:
(a) the kind of entities to which the disclosure may be made;
(b) the way in which the disclosure is to be made;
(c) any other matter that APRA considers appropriate.
SECTION 11CK
Disclosure allowed by APRA
(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) a determination under subsection (2) or (5) allows the disclosure by the person; and
(b) if APRA has included conditions in the determination - those conditions are satisfied. Determinations relating to specified person (2)
APRA may, in writing, make a determination allowing:
(a) a specified person covered by subsection 11CI(2) in relation to a specified direction; or
(b) a specified person covered by subsection 11CI(2) in relation to a direction that is in a specified class of directions;
to disclose specified information in relation to the direction.
(3)An instrument under subsection (2) is not a legislative instrument. (4)
APRA must give a copy of the determination as soon as practicable after making it to:
(a) the directed entity; and
(b) the person specified, or each person specified, in the determination. Determinations relating to specified class of persons (5)
APRA may, by legislative instrument, make a determination allowing a specified class of persons covered by subsection 11CI(2) in relation to a direction that is in a specified class of directions to disclose:
(a) specified kinds of information in relation to the direction; or
(b) any kind of information in relation to the direction. Conditions in determinations (6)
APRA may include conditions in a determination under subsection (2) or (5) that relate to any of the following:
(a) the kind of entities to which the disclosure may be made;
(b) the way in which the disclosure is to be made;
(c) any other matter that APRA considers appropriate.
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