Document ID: chunk:federal_register_of_legislation:C2010C00544:clause:1_336a
Version: federal_register_of_legislation:C2010C00544
Segment Type: clause
Provision Reference: sch 1 cl 336A
Character Range: 66537–68408

336A  Disclosures qualifying for whistleblower protection

 (1) This section applies to a disclosure of information by a person (the discloser) who is, in relation to a superannuation entity, any of the following:
 (a) a trustee of the superannuation entity;
 (b) an officer of a body corporate that is a trustee, custodian or investment manager of the superannuation entity;
 (c) an employee of an individual referred to in paragraph (a) or a body corporate referred to in paragraph (b);
 (d) a person who has a contract for the supply of services or goods to an individual referred to in paragraph (a) or a body corporate referred to in paragraph (b);
 (e) an employee of a person referred to in paragraph (d).

 (2) The disclosure of the information by the discloser qualifies for protection under this Division if:
 (a) the disclosure is made to any of the following:
 (i) the Regulator;
 (ii) the actuary or auditor of the superannuation entity;
 (iii) an individual who is a trustee of the superannuation entity;
 (iv) a director of a body corporate that is the trustee of the superannuation entity;
 (v) a person authorised by the trustee or trustees of the superannuation entity to receive disclosures of that kind; and
 (b) the discloser informs the person to whom the disclosure is made of the discloser's name before making the disclosure; and
 (c) both:
 (i) the information concerns misconduct, or an improper state of affairs or circumstances, in relation to the superannuation entity or a trustee of the entity; and
 (ii) the discloser considers that the information may assist a person referred to in paragraph (a) to perform the person's functions in relation to the superannuation entity or trustee; and
 (d) the discloser makes the disclosure in good faith.

 (3) In this section, officer has the same meaning as it has in the Corporations Act 2001.