Document ID: chunk:federal_register_of_legislation:C2024C00079:section:56:p6
Version: federal_register_of_legislation:C2024C00079
Segment Type: section
Provision Reference: s 56 (pt 6/9)
Character Range: 77124–79753

in subsection (6AB) (see subsection 13.3(3) of the Criminal Code).
Note 2: Division 3 of Part 4 of the Financial Regulator Assessment Authority Act 2021 deals with disclosure of information by Financial Regulator Assessment Authority officials.
 (6A) It is not an offence if the disclosure of protected information or the production of a protected document is to:
 (a) an auditor who has provided, or is providing, professional services to a general insurer, authorised NOHC or a subsidiary of a general insurer or authorised NOHC; or
 (b) an actuary who has provided, or is providing, professional services to a general insurer, authorised NOHC or a subsidiary of a general insurer or authorised NOHC;
and the disclosure is for the purposes of the performance of APRA's functions, or the exercise of APRA's powers, under a law of the Commonwealth or of a State or Territory.
 (7) It is not an offence if the information, or the information contained in the document, as the case may be, is in the form of a summary or collection of information that is prepared so that information relating to any particular person cannot be found out from it.
Note: A defendant bears an evidential burden in relation to the matters in subsection (7) (see subsection 13.3(3) of the Criminal Code).
 (7A) It is not an offence if the information, or the information contained in the document, as the case may be, is all or any of the following:
 (a) the names of bodies that are regulated by APRA;
 (b) the addresses at which bodies referred to in paragraph (a) conduct business;
 (c) any other information that is reasonably necessary to enable members of the public to contact persons who perform functions in relation to bodies referred to in paragraph (a).
Note: A defendant bears an evidential burden in relation to the matters in subsection (7A) (see subsection 13.3(3) of the Criminal Code).
 (7B) It is not an offence if the information, or the information contained in the document, as the case may be, is:
 (a) a statement of APRA's opinion as to whether or not a body regulated by APRA is complying, or was complying at a particular time, with a particular provision of a prudential regulation framework law; or
 (b) a description of:
 (i) court proceedings in relation to a breach or suspected breach by a person of a provision of a prudential regulation framework law; or
 (ii) activity engaged in, or proposed to be 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