Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If APRA gives a financial sector entity a copy of a reporting standard under subsection 13A(1), the financial sector entity must not disclose to any person:
(a) that the financial sector entity has been given a copy of the reporting standard; or
(b) any confidential information that is included in the reporting standard.
Penalty: Imprisonment for 2 years.
(2) However, subsection (1) does not apply if:
(a) the disclosure is to:
(i) APRA for the purposes of APRA performing APRA's functions under this Act or any other law of the Commonwealth; or
(ii) an employee, officer or contractor of the financial sector entity for the purposes of the employee, officer or contractor performing his or her duties in relation to reporting standards; or
(iii) a lawyer for the financial sector entity; or
(b) the disclosure is authorised under an Act or another law; or
(c) the confidential information included in the reporting standard has already been lawfully made available to the public from other sources.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).