Document ID: chunk:federal_register_of_legislation:C2024C00079:section:56:p4
Version: federal_register_of_legislation:C2024C00079
Segment Type: section
Provision Reference: s 56 (pt 4/9)
Character Range: 72240–74912

production of a protected document is made:
 (a) by an officer of an agency to which the information or document has been disclosed or produced under paragraph (5)(a); and
 (b) for the same purpose as the information or document was so disclosed or produced to that agency.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5AA) (see subsection 13.3(3) of the Criminal Code).
 (5A) It is not an offence if the production by a person of a document that was given to APRA under section 9 or 13 of the Financial Sector (Collection of Data) Act 2001 is to the Australian Statistician for the purposes of the Census and Statistics Act 1905.
Note: A defendant bears an evidential burden in relation to matters in subsection (5A) (see subsection 13.3(3) of the Criminal Code).
 (5AB) It is not an offence if the disclosure of protected information or the production of a protected document by a person is for the purpose of APRA complying with any of the following:
 (a) section 55B (ASIC requests);
 (b) section 55D (Notifying ASIC of reasonable belief of material breach of ASIC provisions).
Note: A defendant bears an evidential burden in relation to the matters in subsection (5AB) (see subsection 13.3(3) of the Criminal Code).
 (5AC) It is not an offence if:
 (a) the disclosure of protected information or the production of a protected document is by ASIC, for the purposes of the performance of ASIC's functions, or the exercise of ASIC's powers; and
 (b) the protected information was disclosed previously to ASIC, or the protected document was produced previously to ASIC, for the purpose of APRA complying with any of the following:
 (i) section 55B (ASIC requests);
 (ii) section 55D (Notifying ASIC of reasonable belief of material breach of ASIC provisions).
Note: A defendant bears an evidential burden in relation to the matters in subsection (5AC) (see subsection 13.3(3) of the Criminal Code).
 (5B) It is not an offence if the production by a person of a document that was given to APRA under section 9 or 13 of the Financial Sector (Collection of Data) Act 2001 is to:
 (a) the Reserve Bank of Australia; or
 (b) another prescribed authority.
Note: A defendant bears an evidential burden in relation to matters in subsection (5B) (see subsection 13.3(3) of the Criminal Code).
 (5C) If:
 (a) a document is a reporting document given to APRA under section 13 of the Financial Sector (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