Definitions
5 Definitions
In this Act:
5‑yearly report means a report mentioned in paragraph 12(1)(a) or (b).
APRA means the Australian Prudential Regulation Authority.
ASIC means the Australian Securities and Investments Commission.
Authority means the Financial Regulator Assessment Authority.
Chair means the Chair of the Authority.
enforcement body has the same meaning as in the Privacy Act 1988.
enforcement related activity has the same meaning as in the Privacy Act 1988.
entrusted person means:
a member; or
a staff member; or
the Secretary; or
an APS employee; or
a consultant engaged under section 37; or
any other person employed or engaged to provide services to the Commonwealth in connection with the Authority; or
an officer or employee of a person mentioned in paragraph (e) or (f) whose duties relate to the Authority.
member means a member of the Authority and includes the Chair.
officer has the same meaning as in section 9 of the Corporations Act 2001.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
protected information means information of any of the following kinds that is obtained by the Authority from APRA or ASIC (the source agency):
information that is prohibited from being disclosed by a person under:
a law of the Commonwealth other than this Act; or
a law of a State or Territory;
information the disclosure of which by the source agency would or could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence;
information that is protected against disclosure by legal professional privilege;
information the disclosure of which:
could reasonably be expected to prejudice the security, defence or international relations of Australia; or
could reasonably be expected to prejudice relations between the Commonwealth Government and the Government of a State or Territory; or
would involve disclosing deliberations or decisions of the Cabinet, or of a Committee of the Cabinet; or
could reasonably be expected to endanger a person’s life or physical safety; or
could reasonably be expected to prejudice one or more enforcement related activities; or
would involve unreasonably disclosing personal information (within the meaning of the Privacy Act 1988).
For the purposes of paragraph (a), the following do not matter:
who the law prohibits from disclosing the information;
the circumstances in which the law prohibits the disclosure.
rules means the rules made under section 51.
Secretary means the Secretary of the Department.
staff member means a member of the staff assisting the Authority (see section 36).
use, in relation to information, includes make a record of.
This Act’s bill:Explanatory memorandumSecond reading speech
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