Document ID: chunk:federal_register_of_legislation:C2024C00079:section:56:p7
Version: federal_register_of_legislation:C2024C00079
Segment Type: section
Provision Reference: s 56 (pt 7/9)
Character Range: 79536–82238

engaged in, by APRA in relation to such a breach or suspected breach; or
 (c) a description of action under a prudential regulation framework law that APRA has taken or is proposing to take in relation to:
 (i) a body regulated by APRA; or
 (ii) an individual who holds or has held a position with or in relation to such a body.
Note: A defendant bears an evidential burden in relation to the matters in subsection (7B) (see subsection 13.3(3) of the Criminal Code).
 (7C) If information referred to in subsection (7A) or paragraph (7B)(a) that relates to a body that is, or has at any time been, regulated by APRA under the Superannuation Industry (Supervision) Act 1993 is disclosed to the Registrar of the Australian Business Register established under section 24 of the A New Tax System (Australian Business Number) Act 1999, the Registrar may enter the information in that Register.
Note: A defendant bears an evidential burden in relation to the matters in subsection (7C) (see subsection 13.3(3) of the Criminal Code).
 (7G) It is not an offence if:
 (a) the disclosure of protected information or the production of a protected document is to an accountable entity (within the meaning of the Financial Accountability Regime Act 2023); and
 (b) the information, or the information contained in the document, as the case may be, is information contained in the register kept under section 40 of the Financial Accountability Regime Act 2023.
Note: A defendant bears an evidential burden in relation to the matters in subsection (7G) (see subsection 13.3(3) of the Criminal Code).
 (7H) It is not an offence if:
 (a) the disclosure of protected information or the production of a protected document is to an individual; and
 (b) the information, or the information contained in the document, as the case may be, is only personal information about the individual; and
 (c) the information, or the information contained in the document, as the case may be, is information contained in the register kept under section 40 of the Financial Accountability Regime Act 2023.
Note: A defendant bears an evidential burden in relation to the matters in subsection (7H) (see subsection 13.3(3) of the Criminal Code).
 (7J) It is not an offence if:
 (a) the disclosure of protected information or the production of a protected document is by APRA; and
 (b) the information, or the information contained in the document, as the case may be, is information that discloses:
 (i) whether a person is disqualified under section 42 of the Financial Accountability Regime Act 2023; or
 (ii) a decision made under Division 2 of Part 3 of Chapter 3 of that Act (which is about disqualification of accountable persons), or