Document ID: chunk:federal_register_of_legislation:C2018A00010:clause:1_11ck
Version: federal_register_of_legislation:C2018A00010
Segment Type: clause
Provision Reference: sch 1 cl 11CK
Character Range: 36171–37905

11CK  Disclosure allowed by APRA
 (1) A person covered by subsection 11CI(2) in relation to a direction may disclose information that reveals the fact that the direction was made if:
 (a) a determination under subsection (2) or (5) allows the disclosure by the person; and
 (b) if APRA has included conditions in the determination—those conditions are satisfied.

Determinations relating to specified person
 (2) APRA may, in writing, make a determination allowing:
 (a) a specified person covered by subsection 11CI(2) in relation to a specified direction; or
 (b) a specified person covered by subsection 11CI(2) in relation to a direction that is in a specified class of directions;
to disclose specified information in relation to the direction.
 (3) An instrument under subsection (2) is not a legislative instrument.
 (4) APRA must give a copy of the determination as soon as practicable after making it to:
 (a) the directed entity; and
 (b) the person specified, or each person specified, in the determination.

Determinations relating to specified class of persons
 (5) APRA may, by legislative instrument, make a determination allowing a specified class of persons covered by subsection 11CI(2) in relation to a direction that is in a specified class of directions to disclose:
 (a) specified kinds of information in relation to the direction; or
 (b) any kind of information in relation to the direction.

Conditions in determinations
 (6) APRA may include conditions in a determination under subsection (2) or (5) that relate to any of the following:
 (a) the kind of entities to which the disclosure may be made;
 (b) the way in which the disclosure is to be made;
 (c) any other matter that APRA considers appropriate.