Disclosure allowed by APRA
109C Disclosure allowed by APRA
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 determination under subsection (2) allows the disclosure by the person; and
if APRA has included conditions in the determination—those conditions are satisfied.
Determinations relating to specified person
APRA may, in writing, make a determination allowing:
a specified person covered by subsection 109A(2) in relation to a specified direction; or
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.
An instrument under subsection (2) is not a legislative instrument.
APRA must give a copy of the determination as soon as practicable after making it to:
the directed entity; and
the person specified, or each person specified, in the determination.
Determinations relating to specified class of persons
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:
specified kinds of information in relation to the direction; or
any kind of information in relation to the direction.
Conditions in determinations
APRA may include conditions in a determination under subsection (2) or (5) that relate to any of the following:
the kind of entities to which the disclosure may be made;
the way in which the disclosure is to be made;
any other matter that APRA considers appropriate.
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