Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 848E

Disclosure allowed by the Reserve Bank

  (1)   A 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

  (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.

  (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

  (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.

  (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

  (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

  (7)   A determination made under subsection   (2) or (4) is not a legislative instrument.



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