Banking Act 1959
Part VIII
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Powers of APRA
Division 4
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Information
SECTION 62
Supply of information
(1)
APRA may require persons to provide information as follows:
(a) an ADI may be required to give APRA information in respect of the ADI or in respect of any member of a relevant group of bodies corporate of which the ADI is a member;
(b) an authorised NOHC may be required to give APRA information in respect of the NOHC or in respect of any member of a relevant group of bodies corporate of which the NOHC is a member;
(c) a subsidiary of an ADI or an authorised NOHC may be required to give APRA information in respect of the subsidiary or in respect of any member of a relevant group of bodies corporate of which the subsidiary is a member;
(ca) if an ADI is a subsidiary of a foreign corporation (whether or not the ADI is itself a foreign ADI):
(d) any other person who carries on any banking business in Australia may be required to give APRA information in connection with the person ' s banking business.
(1A)
A person commits an offence if:
(a) under subsection (1), APRA requires the person to provide information, books, accounts or documents; and
(b) the person fails to comply with the requirement.
(c) (Repealed by No 154 of 2007)
(1B)
An offence against subsection (1A) is an indictable offence.
(1C)
If a person fails to comply with a requirement under subsection (1) in circumstances that give rise to the person committing an offence against subsection (1A), the person commits an offence against subsection (1A) in respect of:
(a) the first day on which the offence is committed; and
(b) each subsequent day (if any) on which the circumstances that gave rise to the person committing the offence continue (including the day of conviction for any such offence or any later day).
(2)
A requirement under subsection (1) must not require information, books, accounts or documents to be given with respect to the affairs of an individual customer of an ADI unless the information, books, accounts or documents are in respect of prudential matters relating to:
(a) the ADI; or
(b) any member of a relevant group of bodies corporate of which the ADI is a member.
(3)
To avoid doubt, this section applies to a person that is, or becomes, a Chapter 5 body corporate (within the meaning of the Corporations Act 2001 ) in the same way as this section applies to any other person.
(4)
(Repealed by No 154 of 2007)
(5)
(Repealed by No 121 of 2001)
View history note
Hide history noteAPRA may require persons to provide information as follows:
(a) an ADI may be required to give APRA information in respect of the ADI or in respect of any member of a relevant group of bodies corporate of which the ADI is a member;
(b) an authorised NOHC may be required to give APRA information in respect of the NOHC or in respect of any member of a relevant group of bodies corporate of which the NOHC is a member;
(c) a subsidiary of an ADI or an authorised NOHC may be required to give APRA information in respect of the subsidiary or in respect of any member of a relevant group of bodies corporate of which the subsidiary is a member;
(ca) if an ADI is a subsidiary of a foreign corporation (whether or not the ADI is itself a foreign ADI):
(i) another subsidiary of the foreign corporation (other than a body mentioned in paragraph (a), (b) or (c) that is incorporated in Australia may be required to give APRA information in respect of the subsidiary; or
(ii) another subsidiary of the foreign corporation (other than a body mentioned in paragraph (a), (b) or (c)) that is not incorporated in Australia and carries on business in Australia may be required to give APRA information in respect of its Australian operations;
(d) any other person who carries on any banking business in Australia may be required to give APRA information in connection with the person ' s banking business.
The requirement to supply information may include a requirement to supply books, accounts or documents.
(1A)
A person commits an offence if:
(a) under subsection (1), APRA requires the person to provide information, books, accounts or documents; and
(b) the person fails to comply with the requirement.
(c) (Repealed by No 154 of 2007)
Penalty: 200 penalty units.
Note 1:
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2:
If a body corporate is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.
(1B)
An offence against subsection (1A) is an indictable offence.
(1C)
If a person fails to comply with a requirement under subsection (1) in circumstances that give rise to the person committing an offence against subsection (1A), the person commits an offence against subsection (1A) in respect of:
(a) the first day on which the offence is committed; and
(b) each subsequent day (if any) on which the circumstances that gave rise to the person committing the offence continue (including the day of conviction for any such offence or any later day).
Note:
This subsection is not intended to imply that section 4K of the Crimes Act 1914 does not apply to offences against this Act or the regulations.
(2)
A requirement under subsection (1) must not require information, books, accounts or documents to be given with respect to the affairs of an individual customer of an ADI unless the information, books, accounts or documents are in respect of prudential matters relating to:
(a) the ADI; or
(b) any member of a relevant group of bodies corporate of which the ADI is a member.
(3)
To avoid doubt, this section applies to a person that is, or becomes, a Chapter 5 body corporate (within the meaning of the Corporations Act 2001 ) in the same way as this section applies to any other person.
(4)
(Repealed by No 154 of 2007)
(5)
(Repealed by No 121 of 2001)
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