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) the person is:
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 .
SECTION 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
(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.
(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
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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