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 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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