Document ID: chunk:federal_register_of_legislation:C2024C00079:section:56:p3
Version: federal_register_of_legislation:C2024C00079
Segment Type: section
Provision Reference: s 56 (pt 3/9)
Character Range: 69798–72472

duties as an officer to any person or to a court; or
 (ii) produces a document to any person or to a court; and
 (b) the information is protected information, or the document is a protected document; and
 (c) the disclosure or production is not in accordance with subsection (3), (4), (5), (5AA), (5A), (5AB), (5AC), (5B), (5C), (5D), (6), (6AA), (6AB), (6A), (7), (7A), (7B), (7C), (7G), (7H), (7J), (7K) or (7L).
Penalty: Imprisonment for 2 years.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (3) It is not an offence if the disclosure of protected information or the production of a protected document by a person is for the purposes of a prudential regulation framework law.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).
 (4) It is not an offence if the disclosure of protected information or the production of a protected document by a person:
 (a) is by an employee of the person to whose affairs the information or document relates; or
 (b) occurs after the person to whose affairs the information or document relates has agreed in writing to the disclosure or production.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).
 (5) It is not an offence if the disclosure of protected information or the production of a protected document by a person:
 (a) occurs when the person is satisfied that the disclosure of the information, or the production of the document, will assist a financial sector supervisory agency, or any other agency (including foreign agencies) specified in the regulations, to perform its functions or exercise its powers and the disclosure or production is to that agency; or
 (aa) occurs when the person is satisfied that the disclosure of the information, or the production of the document, will assist the operator of the AFCA scheme (within the meaning of the Corporations Act 2001) to perform its functions or exercise its powers, and the disclosure or production is to that operator; or
 (b) is to another person and is approved by APRA by instrument in writing.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).
 (5AA) It is not an offence if the disclosure of protected information or the 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