Commonwealth Consolidated Acts Commonwealth Consolidated ActsDisclosure 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.