Document ID: chunk:federal_register_of_legislation:C2024C00696:section:79a:p4
Version: federal_register_of_legislation:C2024C00696
Segment Type: section
Provision Reference: s 79A (pt 4/4)
Character Range: 56038–58358

7.3, 7.3B or 7.5A of the Corporations Act 2001; or
 (b) producing a protected document that is a document given or produced under, or for the purposes of, the performance or exercise of the functions or powers of the Reserve Bank under Part 7.3, 7.3B or 7.5A of the Corporations Act 2001;
if the disclosure or production is:
 (c) to the Minister; or
 (d) to the Secretary of the Department for the purpose of advising the Minister, or to an officer of the Department authorised by the Secretary for the purpose of advising the Minister.
 (7) Subsection (2) does not prohibit a person from disclosing information, or producing a document, if the information, or the information contained in the document, as the case may be, is in the form of a summary or collection of information that is prepared so that information relating to any particular person cannot be found out from it.
 (7A) If a person discloses information or produces a document under this section to another person, the first person may, by notice in writing given to the other person at the time of the disclosure or production, impose conditions to be complied with in relation to the information disclosed or the document produced.
 (7B) A notice under subsection (7A) is not a legislative instrument.
 (7C) A person commits an offence if the person fails to comply with a condition imposed under subsection (7A).
Penalty: Imprisonment for 2 years.
 (8) A person who is or has been an officer cannot be required to disclose to a court any protected information, or to produce in a court a protected document, except when it is necessary to do so for the purposes of this Act, the Banking Act 1959, Part 7.3, 7.3B or 7.5A of the Corporations Act 2001, the Payment Systems (Regulation) Act 1998, the Payment Systems and Netting Act 1998 or the repealed Banks (Shareholdings) Act 1972.
 (9) A document that:
 (a) is a protected document; or
 (b) contains protected information;
is an exempt document for the purposes of section 38 of the Freedom of Information Act 1982.
 (9A) For the avoidance of doubt, information or a document that, as permitted by subsection 127(2A) of the Australian Securities and Investments Commission Act 2001, is disclosed to the Bank does not become, because of that disclosure, protected information or a protected document.