Document ID: chunk:federal_register_of_legislation:C2007C00597:clause:2_9
Version: federal_register_of_legislation:C2007C00597
Segment Type: clause
Provision Reference: sch 2 cl 9
Character Range: 4216–5906

9  After subsection 56(5)
Insert:

 (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 section 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 section 13.3(3) of the Criminal Code).

 (5C) If a document relating to a financial sector entity (other than an entity that is, or is included in a class of entities that are, excluded by the regulations from the operation of this subsection) is a reporting document that:
 (a) was given by the entity to APRA under section 13 of the Financial Sector (Collection of Data) Act 2001; and
 (b) is determined by APRA under section 57 to be a document that does not contain confidential information;
it is not an offence to disclose the document, or any information contained in the document, to any person (including to disclose the document by making it available for inspection by the public or to disclose the information by making a document containing the information so available).

Note: A defendant bears an evidential burden in relation to matters in subsection (5C) (see section 13.3(3) of the Criminal Code).