Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:4_1317aa
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 4 cl 1317AA
Character Range: 315800–317552

1317AA  Disclosures qualifying for protection under this Part

 (1) A disclosure of information by a person (the discloser) qualifies for protection under this Part if:
 (a) the discloser is:
 (i) an officer of a company; or
 (ii) an employee of a company; or
 (iii) a person who has a contract for the supply of services or goods to a company; or
 (iv) an employee of a person who has a contract for the supply of services or goods to a company; and
 (b) the disclosure is made to:
 (i) ASIC; or
 (ii) the company's auditor or a member of an audit team conducting an audit of the company; or
 (iii) a director, secretary or senior manager of the company; or
 (iv) a person authorised by the company to receive disclosures of that kind; and
 (c) the discloser informs the person to whom the disclosure is made of the discloser's name before making the disclosure; and
 (d) the discloser has reasonable grounds to suspect that the information indicates that:
 (i) the company has, or may have, contravened a provision of the Corporations legislation; or
 (ii) an officer or employee of the company has, or may have, contravened a provision of the Corporations legislation; and
 (e) the discloser makes the disclosure in good faith.

Note: Under section 1405, the reference to a provision of the Corporations legislation includes a reference to a corresponding provision of the old corporations legislation of the States and Territories.

 (2) A reference in subsection (1) to a person contravening a provision of the Corporations legislation includes a reference to a person committing an offence against, or based on, a provision of this Act.

Note: This subsection causes section 11.6 of the Criminal Code to operate in relation to such references.