VadeLab
StatuteCorporations Act 2001

Section 848E — Corporations Act 2001: Disclosure allowed by the Reserve Bank

Text of the provision Official document

(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.

Official source: Federal Register of Legislation

There are no decisions in our collection citing this provision yet. As new judgments are published, they will appear here.

Search case law on this topic

See judgments from Australian courts and tribunals with a plain-English summary and legal holding.

Explore case law →

Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.