Banking Act 1959
11CKDisclosure allowed by APRA
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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.