Section 114B
Protection in relation to disclosure of information to Bank
of Development Financial Institutions Act 2002
Where a person discloses in good faith to the Bank his knowledge or belief or any document or information that a contravention, breach or non-compliance has been committed or is about to be committed under this Act—
(a)
such person shall not be liable for a breach of a duty of confidentiality imposed by any law, contract or rules of professional conduct;
(b)
it shall be a defence in an action, a suit, prosecution or proceeding that is brought, instituted or maintained in any court or before any other authority against the person who made the disclosure to the Bank that in his belief the disclosure was necessary for the carrying into effect the provisions of this Act; and
(c)
no contractual or other rights or remedy may be enforced against the person on the basis of the disclosure.
(2)
Any document or information disclosed to the Bank under subsection (1) and the information and identity of the person making the disclosure shall be secret between the Bank and the person who made the disclosure.
Development Financial Institutions 137
Evidential provision