CORPORATIONS ACT 2001 - SECT 1317AAE Confidentiality of whistleblower's identity

CORPORATIONS ACT 2001 - SECT 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.

  (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.

  (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 any of the following for the purpose of assisting it in the performance of its functions or duties:

  (i)   a Commonwealth authority;

  (ii)   an authority of a State or Territory;

  (iii)   another body (whether incorporated or not) that is established or continued in existence by or under a law of a State or Territory.

  (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 .