176Disclosure under the Reserve Bank Act

176 Disclosure under the Reserve Bank Act

(1) For the purposes of paragraph 174(4)(g), a disclosure of information by a person is covered by this section if:

(a) the person is:

(i) an officer (within the meaning of subsection 79A(1) of the Reserve Bank Act 1959); or

(ii) a Commonwealth officer (within the meaning of the Crimes Act 1914) who acquired the information because of, or in the course of, the Commonwealth officer’s employment (other than employment with the body corporate to which the relevant determination made under subsection 172(1) of this Act relates); and

(b) the information is protected information (within the meaning of subsection 79A(1) of the Reserve Bank Act 1959); and

(c) the disclosure is not prohibited under subsection 79A(2) of the Reserve Bank Act 1959.

(2) For the purposes of subsection (1) of this section:

(a) treat a reference in the definition of protected information in subsection 79A(1) of the Reserve Bank Act 1959 to information disclosed or obtained in the course of, or for the purposes of, the performance or exercise of the functions or powers of the Reserve Bank under the cash distribution framework (as defined in that Act) as including a reference to information referred to in paragraph 172(1)(a) of this Act; and

(b) subparagraph (e)(i) of the definition of officer in subsection 79A(1) of the Reserve Bank Act 1959 applies, in relation to information that is protected information only because of paragraph (a) of this subsection, as if the reference in paragraph (e) of that definition to employment or engagement were a reference to employment or engagement:

(i) with the Reserve Bank; or

(ii) for the purposes of assisting the Reserve Bank in the performance or exercise of its functions or powers; and

(c) treat a reference in subsection 79A(2) of the Reserve Bank Act 1959 to a person who is or has been an officer as including a reference to a person to whom subparagraph (1)(a)(ii) of this section applies.