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COMMONWEALTHAct
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s 109C

Disclosure allowed by APRA

In force
Part IXDirections
Division 3Secrecy and disclosure provisions relating to all directions

109C Disclosure allowed by APRA

(1)

A person covered by subsection 109A(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) 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 109A(2) in relation to a specified direction; or

(b)

a specified person covered by subsection 109A(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 109A(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.

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