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AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY ACT 1998No. 50, 1998 - SECT 57
Secrecy--documents or information to which section 56 does not apply
(1) A person who is a Board member, an APRA staff member, or an agent or other
person carrying on any business of APRA is guilty of an offence if:
(a) the
person permits another person to have access to, or gives another person
copies of or extracts from, a document; and
(b) the document is not a protected document for the purposes of section
56; and
(c) the document belongs to APRA or is in APRA's possession; and
(d) subsection (3) does not allow the person to permit the other person to
have access to the document, or to give the other person the copies
of, or extracts from, the document.
Penalty: Imprisonment for 2
years.
Note: Chapter 2 of the Criminal Code sets out the general
principles of criminal responsibility.
(2) A person who is a Board member, an APRA staff member, or an agent or other
person carrying on any business of APRA is guilty of an offence if:
(a) the
person gives another person information; and
(b) the information is not protected information for the purposes of
section 56; and
(c) the information relates to the business of APRA; and
(d) subsection (3) does not allow the person to give the other person that
information.
Penalty: Imprisonment for 2 years.
Note: Chapter 2 of
the Criminal Code sets out the general principles of criminal
responsibility.
(3) It is not an offence against subsection (2) for a person to permit another
person to have access to a document, to give another person copies of, or
extracts from a document, or to give information to another person, if that
act is done:
(a) by the direction or authority of APRA; or
(b) under compulsion or obligation of law; or
(c) at the other person's direction, if the information relates to the
other person.
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