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Section 72A

Qualified privilege and duty of confidentiality

of Development Financial Institutions Act 2002

ActIn forceProvision 89 of 248
Section 72A
(1)

Subject to subsection (2), subsection 119(3) shall not apply to any document or information relating to the affairs or account of any customer of a prescribed institution disclosed by an auditor of a prescribed institution to the Audit Oversight Board established under the Securities Commission Act 1993 or an officer or other person authorized in writing by the Audit Oversight Board to perform the responsibilities of the Audit Oversight Board.

(2)

The disclosure under subsection (1) shall be subject to such conditions as may be specified by the Bank.

(3)

An auditor of a prescribed institution shall not be liable—

(a)

for a breach of a duty of confidentiality between the auditor and the prescribed institution in respect of any reporting to the Bank done in good faith under this Part; or

(b)

to be sued in any court for defamation in respect of any statement made by the auditor without malice in the discharge of his duties under this Act.