Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.3B - CRISIS RESOLUTION FOR CS FACILITY LICENSEES  

Division 9 - Other matters  

Subdivision A - Secrecy determinations  

SECTION 848G   DISCLOSURE UNDER THE RESERVE BANK ACT  

848G(1)    
A person covered by subsection 848C(2) in relation to information may disclose the information if:

(a)    the person is:

(i) an officer (within the meaning of subsection 79A(1) of the Reserve Bank Act 1959 ); or

(ii) a Commonwealth officer (within the meaning of the Crimes Act 1914 ) who acquired the information because of, or in the course of, the Commonwealth officer ' s employment (other than employment with the body corporate to which the relevant determination made under subsection 848A(1) of this Act relates); and

(b)    the information is protected information (within the meaning of subsection 79A(1) of the Reserve Bank Act 1959 ); and

(c)    the disclosure is not prohibited under subsection 79A(2) of the Reserve Bank Act 1959 .

848G(2)    
For the purposes of subsection (1) of this section:

(a)    treat a reference in the definition of protected information in subsection 79A(1) of the Reserve Bank Act 1959 to information disclosed or obtained in the course of, or for the purposes of, the performance or exercise of the functions or powers of the Reserve Bank under this Part as including a reference to information referred to in paragraph 848A(1)(a) of this Act; and

(b)    subparagraph (e)(i) of the definition of officer in subsection 79A(1) of the Reserve Bank Act 1959 applies, in relation to information that is protected information only because of paragraph (a) of this subsection, as if the reference in paragraph (e) of that definition to employment or engagement were a reference to employment or engagement:

(i) with the Reserve Bank; or

(ii) for the purposes of assisting the Reserve Bank in the performance or exercise of its functions or powers; and

(c)    treat a reference in subsection 79A(2) of the Reserve Bank Act 1959 to a person who is or has been an officer as including a reference to a person to whom subparagraph (1)(a)(ii) of this section applies.

848G(3)    
Disclosure of information is not an offence under subsection 79A(2) of the Reserve Bank Act 1959 if the disclosure is authorised by section 848D , 848E , 848F , 848H , 848J or 848K of this Act.

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code .