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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 213

Confidentiality

  (1)   The Disciplinary Board must take all reasonable measures to protect from unauthorised use or disclosure information given to it in confidence in or in connection with the performance of its functions or the exercise of its powers under the corporations legislation (other than the excluded provisions).

  (1A)   For the purposes of this section, information given to a Panel of the Disciplinary Board is taken to be given to the Disciplinary Board.

  (2)   For the purposes of subsection   (1), the disclosure of information:

  (a)   as required or permitted by a law of the Commonwealth or a prescribed law of a State or Territory; or

  (aa)   to the FRC for the purposes of its performance of its functions under the corporations legislation; or

  (ab)   in order to enable or assist:

  (i)   a professional accounting body; or

  (ii)   another body prescribed by the regulations for the purposes of this paragraph;

    to perform its disciplinary function in relation to its members; or

  (b)   in order to enable or assist an authority or person in:

  (i)   a State or Territory; or

  (ii)   a country outside Australia and the external Territories;

    to perform or exercise a function or power that corresponds, or is analogous, to any of the Disciplinary Board's, or ASIC's functions and powers;

is taken to be authorised disclosure of the information.


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