Document ID: chunk:federal_register_of_legislation:C2019A00010:clause:1_1317aa:p1
Version: federal_register_of_legislation:C2019A00010
Segment Type: clause
Provision Reference: sch 1 cl 1317AA (pt 1/2)
Character Range: 4277–7163

1317AA  Disclosures qualifying for protection under this Part

Disclosure to ASIC, APRA or prescribed body
 (1) A disclosure of information by an individual (the discloser) qualifies for protection under this Part if:
 (a) the discloser is an eligible whistleblower in relation to a regulated entity; and
 (b) the disclosure is made to any of the following:
 (i) ASIC;
 (ii) APRA;
 (iii) a Commonwealth authority prescribed for the purposes of this subparagraph in relation to the regulated entity; and
 (c) subsection (4) or (5) applies to the disclosure.
Note: Section 1317AAD (public interest disclosure and emergency disclosure) and paragraph 1317AB(1)(c) (protection from self‑incrimination etc.) may apply to a disclosure covered by this subsection.

Disclosure to eligible recipients
 (2) A disclosure of information by an individual (the discloser) qualifies for protection under this Part if:
 (a) the discloser is an eligible whistleblower in relation to a regulated entity; and
 (b) the disclosure is made to an eligible recipient in relation to the regulated entity; and
 (c) subsection (4) or (5) applies to the disclosure.

Disclosure to legal practitioner
 (3) A disclosure of information by an individual qualifies for protection under this Part if the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of this Part.

Disclosable matters
 (4) This subsection applies to a disclosure of information if the discloser has reasonable grounds to suspect that the information concerns misconduct, or an improper state of affairs or circumstances, in relation to:
 (a) the regulated entity; or
 (b) if the regulated entity is a body corporate—a related body corporate of the regulated entity.
 (5) Without limiting subsection (4), this subsection applies to a disclosure of information if the discloser has reasonable grounds to suspect that the information indicates that any of the following:
 (a) the regulated entity, or an officer or employee of the regulated entity;
 (b) if the regulated entity is a body corporate—a related body corporate of the regulated entity, or an officer or employee of a related body corporate of the regulated entity;
has engaged in conduct that:
 (c) constitutes an offence against, or a contravention of, a provision of any of the following:
 (i) this Act;
 (ii) the ASIC Act;
 (iii) the Banking Act 1959;
 (iv) the Financial Sector (Collection of Data) Act 2001;
 (v) the Insurance Act 1973;
 (vi) the Life Insurance Act 1995;
 (vii) the National Consumer Credit Protection Act 2009;
 (viii) the Superannuation Industry (Supervision) Act 1993;
 (ix) an instrument made under an Act referred to in any of subparagraphs (i) to (viii); or
 (d) constitutes an offence against any other law of the Commonwealth that is punishable by imprisonment for a period