CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4AAA - PROTECTION FOR WHISTLEBLOWERS  

SECTION 1317AAE   CONFIDENTIALITY OF WHISTLEBLOWER ' S IDENTITY  

1317AAE(1)  
A person (the first person ) contravenes this subsection if:


(a) another person (the discloser ) makes a disclosure of information (the qualifying disclosure ) that qualifies for protection under this Part; and


(b) the first person discloses any of the following (the confidential information ):


(i) the identity of the discloser;

(ii) information that is likely to lead to the identification of the discloser; and


(c) the confidential information is information that the first person obtained directly or indirectly because of the qualifying disclosure; and


(d) the disclosure referred to in paragraph (b) is not authorised under subsection (2) or (3).

Note 1: Failure to comply with this subsection is an offence (see subsection 1311(1) ).

Note 2: This subsection is also a civil penalty provision (see section 1317E ). For relief from liability to a civil penalty relating to this subsection, see section 1317S .

1317AAE(2)  
A disclosure referred to in paragraph (1)(b) is authorised under this subsection if it:


(a) is made to ASIC; or


(b) is made to APRA; or


(c) is made to a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 ); or


(d) is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of this Part; or


(e) is made to a person or body prescribed by the regulations for the purposes of this paragraph; or


(f) is made with the consent of the discloser.

1317AAE(3)  
Without limiting subsection (2), a disclosure referred to in paragraph (1)(b) is authorised under this subsection if it:


(a) is made by ASIC, APRA or a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 ); and


(b) is made to a Commonwealth authority, or a State or Territory authority, for the purpose of assisting the authority in the performance of its functions or duties.

1317AAE(4)  
Subsection (1) does not apply if:


(a) the disclosure referred to in paragraph (1)(b):


(i) is not of the identity of the discloser; and

(ii) is reasonably necessary for the purposes of investigating a matter referred to in subsection 1317AA(4) or (5) to which the qualifying disclosure relates; and


(b) the first person takes all reasonable steps to reduce the risk that the discloser will be identified as a result of the disclosure referred to in paragraph (1)(b).

Note: In a prosecution for an offence, a defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.


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