Document ID: chunk:federal_register_of_legislation:C2024C00696:section:79a:p2
Version: federal_register_of_legislation:C2024C00696
Segment Type: section
Provision Reference: s 79A (pt 2/4)
Character Range: 51122–53798

or 7.5A of the Corporations Act 2001. It does not however include any document to the extent that it contains information that has already been lawfully made available to the public from other sources.
protected information means information disclosed or obtained (whether before or after the commencement of this section) under, or for the purposes of, this Act, the Banking Act 1959, the Payment Systems (Regulation) Act 1998, the Payment Systems and Netting Act 1998 or the repealed Banks (Shareholdings) Act 1972 and relating to the affairs of:
 (a) a financial institution; or
 (b) a body corporate (including a body corporate that has ceased to exist) that has at any time been, or is, related (within the meaning of the Corporations Act 2001) to a financial institution that is a body corporate; or
 (c) a person who has been, is, or proposes to be, a customer of a financial institution;
It also includes information disclosed or obtained in the course of, 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. It does not however include any information that has already been lawfully made available to the public from other sources.
Statistician means the Australian Statistician referred to in subsection 5(2) of the Australian Bureau of Statistics Act 1975.
 (2) Subject to this section, a person who is or has been an officer must not, except for the purposes of this Act, the Banking Act 1959, Part 7.3, 7.3B or 7.5A of the Corporations Act 2001, section 62ZZD of the Insurance Act 1973, the Payment Systems (Regulation) Act 1998, the Payment Systems and Netting Act 1998 or the repealed Banks (Shareholdings) Act 1972, directly or indirectly:
 (a) disclose to any person, or to a court, any protected information acquired by the first‑mentioned person in the course of his or her duties as an officer; or
 (b) produce to any person, or to a court, a protected document.
Penalty: Imprisonment for 2 years.
Note 1: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a form of imprisonment.
Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (3) Subsection (2) does not prohibit a person from disclosing protected information, or producing a protected document, if the person to whose affairs the information or document relates:
 (a) is the employer of the first‑mentioned person; or
 (b) agrees in writing to the disclosure of the information or the production of the document, as the case may be.
 (4) Subsection (2) does not prohibit a person