Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
View history note
Hide history note[
CCH Note:
No 13 of 2018, Sch 1[31] contains the following Application of amendments (effective 6 March 2018):
31 Application of amendments
]
(1)
The amendments made by this Part apply on and after the day on which the first authorisation of an external dispute resolution scheme, under Part
7.10A
of the
Corporations Act 2001
as amended by Part 1 of this Schedule, comes into force.
(2)
Without limiting subitem (1), the amendments made by items 13, 14 and 29 apply in relation to disclosures of information made on and after the day on which that authorisation comes into force, whether the information was acquired before, on or after that day.
An AFCA staff member must not directly or indirectly: (a) make a record of, or disclose to any person, court or investigating authority, any information acquired by the staff member under section 1054A or during a conference held under section 1054B in connection with a superannuation complaint; or (b) produce to any person, court or investigating authority a document so acquired; or (c) permit any person, court or investigating authority to have access to a document so acquired.
Penalty: 30 penalty units.
1058(2)
Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
1058(2A)
For the purposes of subsection (1) , investigating authority means a tribunal, authority or person having power to require the production of documents or the answering of questions.
1058(3)
Subsection (1) does not apply to the extent that the AFCA staff member makes the record of the information, discloses the information, produces the document or permits access to the document for the purposes of this Part.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3) , see subsection 13.3(3) of the Criminal Code .
1058(4)
Subsection (1) does not apply to the AFCA staff member disclosing information, producing a document or permitting access to a document: (a) to ASIC; or (b) to APRA; or (c) to the Information Commissioner; or (d) to the Commissioner of Taxation; or (e) to a particular party to the complaint if the person who provided the information or document to the staff member consents in writing to the disclosure, production or access.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4) , see subsection 13.3(3) of the Criminal Code .
1058(5)
Subsection (1) does not apply to the AFCA staff member disclosing information if: (a) the disclosure is made in a way that does not enable the identification of the parties to a complaint; or (b) the disclosure is made to a police officer (within the meaning of the Evidence Act 1995 ) because:
(i) a threat has been made against an AFCA staff member or another person; or
(ii) the AFCA staff member believes that a party to a complaint may commit an act of self-harm.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5) , see subsection 13.3(3) of the Criminal Code .
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
