Treasury Laws Amendment (Banking Executive Accountability and Related Measures) Act 2018 (5 of 2018)

Schedule 1   The Banking Executive Accountability Regime

Part 2   Other amendments

Australian Prudential Regulation Authority Act 1998

5   After subsection 56(7C)

Insert:

(7D) It is not an offence if:

(a) the disclosure of protected information or the production of a protected document is to an ADI (within the meaning of the Banking Act 1959); and

(b) the information, or the information contained in the document, as the case may be, is information contained in the register kept under section 37H of the Banking Act 1959.

Note: A defendant bears an evidential burden in relation to the matters in subsection (7D) (see subsection 13.3(3) of the Criminal Code).

(7E) It is not an offence if:

(a) the disclosure of protected information or the production of a protected document is to an individual; and

(b) the information, or the information contained in the document, as the case may be, is only personal information about the individual; and

(c) the information, or the information contained in the document, as the case may be, is information contained in the register kept under section 37H of the Banking Act 1959.

Note: A defendant bears an evidential burden in relation to the matters in subsection (7E) (see subsection 13.3(3) of the Criminal Code).

(7F) It is not an offence if:

(a) the disclosure of protected information or the production of a protected document is by APRA; and

(b) the information, or the information contained in the document, as the case may be, is information that discloses:

(i) whether a person is disqualified under section 37J of the Banking Act 1959; or

(ii) a decision made under Subdivision C of Division 6 of Part IIAA of that Act, or the reasons for such a decision.

Note: A defendant bears an evidential burden in relation to the matters in subsection (7F) (see subsection 13.3(3) of the Criminal Code).