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 noteA person covered by subsection 848C(2) in relation to information may disclose the information if: (a) a determination made under subsection (2) or (4) of this section allows the disclosure by the person; and (b) if the Reserve Bank has included conditions in the determination - those conditions are satisfied.
Determinations relating to specified persons
848E(2)
The Reserve Bank may, in writing, make a determination allowing: (a) a specified person covered by subsection 848C(2) in relation to specified information; or (b) a specified person covered by subsection 848C(2) in relation to information that is in a specified class of information;
to disclose the specified information, the information that is in the specified class of information, or a specified part of such information.
848E(3)
The Reserve Bank must give a copy of the determination, as soon as practicable after making it, to: (a) the body corporate to which the determination made under subsection 848A(1) relates; and (b) the person specified, or each person specified, in the determination.
Determinations relating to specified classes of persons
848E(4)
The Reserve Bank may, in writing, make a determination allowing: (a) a specified class of persons covered by subsection 848C(2) in relation to specified information; or (b) a specified class of persons covered by subsection 848C(2) in relation to information that is in a specified class of information;
to disclose the specified information, the information that is in the specified class of information, or a specified part of such information.
848E(5)
The Reserve Bank must, as soon as practicable after making the determination under subsection (4) : (a) give a copy of the determination to the body corporate to which the determination made under subsection 848A(1) relates; and (b) take reasonable steps to discover who is in the class of persons specified in the determination; and (c) if it is practicable to do so - give a copy of the determination to each person who the Reserve Bank believes to be in that class.
Conditions in determinations
848E(6)
The Reserve Bank may include conditions in a determination made under subsection (2) or (4) that relate to any of the following: (a) the kind of entities to which the disclosure may be made; (b) the way in which the disclosure is to be made; (c) any other matter that the Reserve Bank considers appropriate.
Determination not a legislative instrument
848E(7)
A determination made under subsection (2) or (4) is not a legislative instrument.
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