Disclosure allowed by APRA Act secrecy provision
109E Disclosure allowed by APRA Act secrecy provision
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:
the person is:
an APRA member (within the meaning of subsection 56(1) of the Australian Prudential Regulation Authority Act 1998); or
an APRA staff member (within the meaning of that subsection); or
a Financial Regulator Assessment Authority official (within the meaning of that subsection); or
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
the information is protected information (within the meaning of subsection 56(1) of that Act), or is contained in a protected document (within the meaning of that subsection); and
the disclosure is in accordance with subsection 56(3), (4), (5), (5AA), (5AB), (5AC), (6), (6AA), (6AB), (6A), (7), (7A), (7B) or (7C) of that Act.
Relationship to APRA Act secrecy provision
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 109B, 109C, 109D, 109F or 109G.
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