Pt VIA amended by No 10 of 2019, s 3 and Sch 1 item 17, by inserting the note, effective 1 July 2019. No 10 of 2019, s 3 and Sch 1 item 17 contains the following application provision:

20 Application  
20
Despite the repeal of Division 1 of Part VIA of the Banking Act 1959 by item 18, that Division continues to apply, at and after the commencement of this item, in relation to:

(a) disclosures of information made before that commencement; and

(b) conduct referred to in subsection 52C(1) of the Banking Act 1959 , as in force immediately before that commencement, that is engaged in before that commencement; and

(c) a threat referred to in subsection 52C(2) of the Banking Act 1959 , as in force immediately before that commencement, that is made before that commencement.

Part VIA inserted by No 154 of 2007, s 3 and Sch 1 item 44, effective 24 September 2007.

Div 1 repealed by No 10 of 2019, s 3 and Sch 1 item 18, effective 1 July 2019. For application provision, see note under Part VIA heading.

Div 1 inserted by No 154 of 2007, s 3 and Sch 1 item 44, effective 24 September 2007.

S 52B repealed by No 10 of 2019, s 3 and Sch 1 item 18, effective 1 July 2019. For application provision, see note under Part VIA heading. S 52B formerly read:

SECTION 52B Whistleblower protection for disclosures that qualify  
(1)
If a person makes a disclosure that qualifies for protection under this Division:

(a) the person is not subject to any civil or criminal liability for making the disclosure; and

(b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.
(2)
Without limiting subsection (1):

(a) the person has qualified privilege in respect of the disclosure; and

(b) a contract to which the person is a party must not be terminated on the basis that the disclosure constitutes a breach of the contract.
(3)
Without limiting paragraphs (1)(b) and (2)(b), if a court is satisfied that:

(a) a person (the employee ) is employed in a particular position under a contract of employment with another person (the employer ); and

(b) the employee makes a disclosure that qualifies for protection under this Division; and

(c) the employer purports to terminate the contract of employment on the basis of the disclosure; the court may order that the employee be reinstated in that position or a position at a comparable level.
(4)
If an individual makes a disclosure of information that qualifies for protection under this Division, the information is not admissible in evidence against the individual in criminal proceedings or in proceedings for the imposition of a penalty, other than proceedings in respect of the falsity of the information.

S 52B inserted by No 154 of 2007, s 3 and Sch 1 item 44, effective 24 September 2007.