72Disclosure under the APRA Act

72 Disclosure under the APRA Act

(1) A person covered by subsection 68(2) in relation to a direction may disclose information that reveals the fact that the direction was given if: (a) the person is: (i) an APRA member within the meaning of the Australian Prudential Regulation Authority Act 1998; or (ii) an APRA staff member; or (iii) an entrusted person within the meaning of the Financial Regulator Assessment Authority Act 2021; or (iv) 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: (i) is protected information, as defined in subsection 56(1) of the Australian Prudential Regulation Authority Act 1998; or (ii) is contained in a protected document, as defined in that subsection; and (c) the disclosure is in accordance with a provision referred to in paragraph 56(2)(c) of the Australian Prudential Regulation Authority Act 1998.

Note: For the definition of APRA staff member, see section 8.

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 69, 70, 71, 73, 74 or 75 of this Act.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).