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 .


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.