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CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4AAA - PROTECTION FOR WHISTLEBLOWERS    View history reference

SECTION 1317AA  DISCLOSURES QUALIFYING FOR PROTECTION UNDER THIS PART  

 View history reference

1317AA(1)  [Requirements]  


A disclosure of information by a person (the discloser) qualifies for protection under this Part if:


(a) the discloser is:


(i) an officer of a company; or

(ii) an employee of a company; or

(iii) a person who has a contract for the supply of services or goods to a company; or

(iv) an employee of a person who has a contract for the supply of services or goods to a company; and


(b) the disclosure is made to:


(i) ASIC; or

(ii) the company's auditor or a member of an audit team conducting an audit of the company; or

(iii) a director, secretary or senior manager of the company; or

(iv) a person authorised by the company to receive disclosures of that kind; and


(c) the discloser informs the person to whom the disclosure is made of the discloser's name before making the disclosure; and


(d) the discloser has reasonable grounds to suspect that the information indicates that:


(i) the company has, or may have, contravened a provision of the Corporations legislation; or

(ii) an officer or employee of the company has, or may have, contravened a provision of the Corporations legislation; and


(e) the discloser makes the disclosure in good faith.

Note: Under section 1405, the reference to a provision of the Corporations legislation includes a reference to a corresponding provision of the old corporations legislation of the States and Territories.

1317AA(2)  [Contravention of provision]  


A reference in subsection (1) to a person contravening a provision of the Corporations legislation includes a reference to a person committing an offence against, or based on, a provision of this Act.

Note: This subsection causes section 11.6 of the Criminal Code to operate in relation to such references.


 



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