Document ID: chunk:federal_register_of_legislation:C2010C00544:clause:1_38e
Version: federal_register_of_legislation:C2010C00544
Segment Type: clause
Provision Reference: sch 1 cl 38E
Character Range: 34151–36627

38E  Confidentiality requirement for company, company officers and employees and auditors

 (1) A person (the offender) commits an offence under this subsection if:
 (a) a person (the discloser) makes a disclosure of information that qualifies for protection under this Subdivision; and
 (b) the disclosure is made to:
 (i) the auditor, or a member of an audit team conducting an audit, of the body corporate or a related body corporate in within the meaning of subsection 38A(3); or
 (ii) a director or senior manager of the body corporate or a related body corporate; or
 (iii) a person authorised by the body corporate to receive disclosures of that kind; and
 (c) the offender is:
 (i) the auditor, or a member of an audit team conducting an audit, of the body corporate or a related body corporate; or
 (ii) a director or senior manager of the body corporate or a related body corporate; or
 (iii) a person authorised by the body corporate to receive disclosures of that kind; or
 (iv) the body corporate or a related body corporate; or
 (v) an officer or employee of the body corporate or a related body corporate; and
 (d) the offender discloses any of the following information (the confidential information):
 (i) the information referred to in paragraph (a);
 (ii) the identity of the discloser;
 (iii) information that is likely to lead to the identification of the discloser; and
 (e) the confidential information is information that the offender obtained directly or indirectly because of the disclosure referred to in paragraph (a); and
 (f) either:
 (i) the offender is the person to whom the disclosure referred to in paragraph (a) is made; or
 (ii) the offender is a person to whom the confidential information is disclosed in contravention of this section and the offender knows that the disclosure of the confidential information to the offender was unlawful or made in breach of confidence; and
 (g) the disclosure referred to in paragraph (d) is not authorised under subsection (2).

Penalty: 25 penalty units.

 (2) The disclosure referred to in paragraph (1)(d) is authorised under this subsection if:
 (a) it is made to APRA; or
 (b) it is made to a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or
 (c) it is made to someone else with the consent of the discloser.

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

Subdivision B—Self‑incrimination