Document ID: chunk:federal_register_of_legislation:C2012C00862:clause:4_13b
Version: federal_register_of_legislation:C2012C00862
Segment Type: clause
Provision Reference: sch 4 cl 13B
Character Range: 129989–131253

13B  Financial sector entity must not disclose that it has been given a copy of a reporting standard etc.
 (1) If APRA gives a financial sector entity a copy of a reporting standard under subsection 13A(1), the financial sector entity must not disclose to any person:
 (a) that the financial sector entity has been given a copy of the reporting standard; or
 (b) any confidential information that is included in the reporting standard.
Penalty: Imprisonment for 2 years.
 (2) However, subsection (1) does not apply if:
 (a) the disclosure is to:
 (i) APRA for the purposes of APRA performing APRA's functions under this Act or any other law of the Commonwealth; or
 (ii) an employee, officer or contractor of the financial sector entity for the purposes of the employee, officer or contractor performing his or her duties in relation to reporting standards; or
 (iii) to a lawyer for the financial sector entity; or
 (b) the disclosure is authorised under an Act or another law; or
 (c) the confidential information included in the reporting standard has already been lawfully made available to the public from other sources.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).