Section 1317AAE — Corporations Act 2001: Confidentiality of whistleblower’s identity

(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.