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 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

(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

(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. 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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