Document ID: chunk:federal_register_of_legislation:C2024C00079:section:56:p5
Version: federal_register_of_legislation:C2024C00079
Segment Type: section
Provision Reference: s 56 (pt 5/9)
Character Range: 74672–77384

(Collection of Data) Act 2001; and
 (b) either:
 (i) a determination has been made under section 57 that the document does not, or documents of that kind do not, contain confidential information; or
 (ii) a determination has been made under section 57 that a specified part of the document, or of documents of that kind, does not contain confidential information;
it is not an offence to disclose the document or that part of the document, or any information contained in the document or that part of the document, to any person (including by making the document, the part of the document or the information available on APRA's website).
 (5D) It is not an offence if the production by a person of a document that was given to APRA under section 13 of the Financial Sector (Collection of Data) Act 2001 is to the Commissioner of Taxation for the purposes of the Major Bank Levy Act 2017 (including the administration of that Act).
Note: A defendant bears an evidential burden in relation to matters in subsection (5D) (see subsection 13.3(3) of the Criminal Code).
 (6) It is not an offence if the disclosure of protected information or the production of a protected document is to:
 (a) an APRA member; or
 (b) an APRA staff member;
for the purposes of the performance of APRA's functions, or the exercise of APRA's powers, under a law of the Commonwealth or of a State or a Territory.
Note: A defendant bears an evidential burden in relation to the matters in subsection (6) (see subsection 13.3(3) of the Criminal Code).
 (6AA) It is not an offence if the disclosure of protected information or the production of a protected document is to a Financial Regulator Assessment Authority official for the purposes of the performance of the Financial Regulator Assessment Authority's functions or the exercise of the Financial Regulator Assessment Authority's powers.
Note: A defendant bears an evidential burden in relation to the matters in subsection (6AA) (see subsection 13.3(3) of the Criminal Code).
 (6AB) It is not an offence if:
 (a) the disclosure of protected information or the production of a protected document is by a person who is or has been a Financial Regulator Assessment Authority official; and
 (b) the person acquired the information or accessed the document in the course of the person's duties in relation to the Financial Regulator Assessment Authority.
Note 1: A defendant bears an evidential burden in relation to the matters in subsection (6AB) (see subsection 13.3(3) of the Criminal Code).
Note 2: Division 3 of Part 4 of the Financial Regulator Assessment Authority Act 2021 deals with disclosure of information by Financial Regulator Assessment Authority officials.
 (6A) It is not