Australian Prudential Regulation Authority Act 1998

PART 5A - GIVING INFORMATION ETC. TO ASIC  

SECTION 55C   INFORMATION AND DOCUMENTS COVERED BY REQUEST  

55C(1)    
This section covers information or documents if:

(a)    in the case of information - the information was given or produced (whether or not voluntarily) to APRA in writing by another person (including a person advising APRA); and

(b)    in the case of documents - the documents were given or produced (whether or not voluntarily) to APRA by another person (including a person advising APRA); and

(c)    ASIC considers the information or documents to be relevant to the exercise or performance of its functions or powers.

55C(2)    
Without limiting the scope of subsection (1), this section also covers information in writing or documents that:

(a)    are required or permitted to be created by law as a record (however described); and

(b)    are created in accordance with that law.

Example:

Notes of an examination recorded in writing in accordance with subsection 58(1) of the Insurance Act 1973 .

55C(3)    
Without limiting the scope of subsection (1), and despite subsection (4), this section also covers information in writing or documents of a kind specified in the regulations.

55C(4)    
Despite subsections (1) and (2), this section does not cover any of the following kinds of information or documents:

(a)    information or documents concerning the internal administrative functioning of APRA;

(b)    information or documents that discloses matter in respect of which APRA or any other person has claimed legal professional privilege;

(c)    information or documents of a kind specified in the regulations.