Document ID: chunk:federal_register_of_legislation:C2006C00145:clause:2_62
Version: federal_register_of_legislation:C2006C00145
Segment Type: clause
Provision Reference: sch 2 cl 62
Character Range: 96479–98225

62  Supply of information

 (1) APRA may require persons to provide information as follows:
 (a) an ADI may be required to give APRA information in respect of the ADI;
 (b) an authorised NOHC may be required to give APRA information in respect of the NOHC;
 (c) a subsidiary of an ADI or an authorised NOHC may be required to give APRA information in respect of the subsidiary;
 (d) any other person who carries on any banking business in Australia may be required to give APRA information in connection with the person's banking business.
The person required to provide the information must comply with the requirement.

 (2) A requirement under subsection (1) must not require information to be given with respect to the affairs of an individual customer of an ADI unless the information is in respect of prudential matters relating to the ADI.

 (3) An individual is not excused from complying with a requirement under subsection (1) to give information on the ground that doing so would tend to incriminate the individual or make the individual liable to a penalty.

 (4) If:
 (a) before giving information in compliance with a requirement under subsection (1), an individual claims that giving the information might tend to incriminate the individual or make the individual liable to a penalty; and
 (b) giving the information might in fact tend to incriminate the individual or make the individual so liable;
the information given in compliance with the requirement is not admissible in evidence against the individual in a criminal proceeding or a proceeding for the imposition of a penalty, other than a proceeding in respect of the falsity of the information.

 (5) Nothing in section 51 restricts the powers conferred by this section.