Document ID: chunk:federal_register_of_legislation:C2020A00135:clause:12_5
Version: federal_register_of_legislation:C2020A00135
Segment Type: clause
Provision Reference: sch 12 cl 5
Character Range: 220170–221341

5  After subsection 56(5A)
Insert:
 (5AB) It is not an offence if the disclosure of protected information or the production of a protected document by a person is for the purpose of APRA complying with any of the following:
 (a) section 55B (ASIC requests);
 (b) section 55D (Notifying ASIC of reasonable belief of material breach of ASIC provisions).
Note: A defendant bears an evidential burden in relation to the matters in subsection (5AB) (see subsection 13.3(3) of the Criminal Code).
 (5AC) It is not an offence if:
 (a) the disclosure of protected information or the production of a protected document is by ASIC, for the purposes of the performance of ASIC's functions, or the exercise of ASIC's powers; and
 (b) the protected information was disclosed previously to ASIC, or the protected document was produced previously to ASIC, for the purpose of APRA complying with any of the following:
 (i) section 55B (ASIC requests);
 (ii) section 55D (Notifying ASIC of reasonable belief of material breach of ASIC provisions).
Note: A defendant bears an evidential burden in relation to the matters in subsection (5AC) (see subsection 13.3(3) of the Criminal Code).