Document ID: chunk:federal_register_of_legislation:C2024C00696:section:79a:p1
Version: federal_register_of_legislation:C2024C00696
Segment Type: section
Provision Reference: s 79A (pt 1/4)
Character Range: 48660–51376

79A  Secrecy
 (1) In this section:
court includes a tribunal, authority or person having the power to require the production of documents or the answering of questions.
financial institution means a body (other than the Reserve Bank) that has at any time carried on, is carrying on, or proposes to carry on, a business that consists of, or includes, the provision of financial products or financial services (including a body that has previously carried on such a business but has ceased to exist).
financial sector supervisory agency means a person or body having the function, in Australia or in a foreign country, of supervising or regulating financial institutions.
foreign central bank means the central bank or monetary authority of a foreign country.
officer means:
 (a) the Governor, the Deputy Governor, the Secretary to the Department or any other member of the Reserve Bank Board; or
 (aa) a member of the Payments System Board; or
 (b) a staff member of the Reserve Bank Service; or
 (d) the Statistician or a member of the staff of the Australian Bureau of Statistics; or
 (e) any other person who, because of his or her employment or engagement, or in the course of that employment or engagement:
 (i) has acquired protected information; or
 (ii) has had access to protected documents.
Example: Paragraph (e): a person who, in the course of the person's engagement as a statutory manager of a body corporate under Part 7.3B of the Corporations Act 2001, has acquired protected information or has had access to protected documents.
produce includes permit access to.
protected document means a document given or produced (whether before or after the commencement of this section) under, or for the purposes of, this Act, the Banking Act 1959, the Payment Systems (Regulation) Act 1998, the Payment Systems and Netting Act 1998 or the repealed Banks (Shareholdings) Act 1972 and containing information relating to the affairs of:
 (a) a financial institution; or
 (b) a body corporate (including a body corporate that has ceased to exist) that has at any time been, or is, related (within the meaning of the Corporations Act 2001) to a financial institution that is a body corporate; or
 (c) a person who has been, is, or proposes to be, a customer of a financial institution;
It also includes a document given or produced under, or for the purposes of, the performance or exercise of the functions or powers of the Reserve Bank under Part 7.3, 7.3B or 7.5A of the Corporations Act 2001. It does not however include any document to the extent that it contains information that has already been lawfully made available to the public from other sources.
protected information means information disclosed or