Section 1317AA — Corporations Act 2001: 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; (iiia) the Financial Accountability Regime Act 2023; (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 of 12 months or more; or (e) represents a danger to the public or the financial system; or (f) is prescribed by the regulations for the purposes of this paragraph. Note: There is no requirement for a discloser to identify himself or herself in order for a disclosure to qualify for protection under this Part.