Superannuation Industry (Supervision) Act 1993

Pt 29A amended by No 10 of 2019, s 3 and Sch 1 item 29, by inserting the note, effective 1 July 2019.

Pt 29A inserted by No 154 of 2007, s 3 and Sch 1 item 154, effective 24 September 2007.

Div 1 repealed by No 10 of 2019, s 3 and Sch 1 item 30, effective 1 July 2019. No 10 of 2019, s 3 and Sch 1 item 32 contains the following application provision:

32 Application  
32
Despite the repeal of Division 1 of Part 29A of the Superannuation Industry (Supervision) Act 1993 by item 30, that Division continues to apply, at and after the commencement of this item, in relation to:

(a) disclosures of information made before that commencement; and

(b) conduct referred to in subsection 336C(1) of the Superannuation Industry (Supervision) Act 1993 , as in force immediately before that commencement, that is engaged in before that commencement; and

(c) a threat referred to in subsection 336C(2) of the Superannuation Industry (Supervision) Act 1993 , as in force immediately before that commencement, that is made before that commencement.

Div 1 inserted by No 154 of 2007, s 3 and Sch 1 item 154, effective 24 September 2007.

S 336A repealed by No 10 of 2019, s 3 and Sch 1 item 30, effective 1 July 2019. For application provision, see note under Pt 29A Div 1 heading. S 336A formerly read:

SECTION 336A DISCLOSURES QUALIFYING FOR WHISTLEBLOWER PROTECTION  
336A(1)
This section applies to a disclosure of information by a person (the discloser ) who is, in relation to a superannuation entity, any of the following:

(a) a trustee of the superannuation entity;

(b) an officer of a body corporate that is a trustee, custodian or investment manager of the superannuation entity;

(c) an employee of an individual referred to in paragraph (a) or a body corporate referred to in paragraph (b);

(d) a person who has a contract for the supply of services or goods to an individual referred to in paragraph (a) or a body corporate referred to in paragraph (b);

(e) an employee of a person referred to in paragraph (d).

336A(2)
The disclosure of the information by the discloser qualifies for protection under this Division if:

(a) the disclosure is made to any of the following:

(i) the Regulator;

(ii) the actuary or auditor of the superannuation entity;

(iii) an individual who is a trustee of the superannuation entity;

(iv) a director of a body corporate that is the trustee of the superannuation entity;

(v) a person authorised by the trustee or trustees of the superannuation entity to receive disclosures of that kind; and

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

(c) both:

(i) the information concerns misconduct, or an improper state of affairs or circumstances, in relation to the superannuation entity or a trustee of the entity; and

(ii) the discloser considers that the information may assist a person referred to in paragraph (a) to perform the person's functions in relation to the superannuation entity or trustee; and

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

336A(3)
In this section, officer has the same meaning as it has in the Corporations Act 2001 .

S 336A inserted by No 154 of 2007, s 3 and Sch 1 item 154, effective 24 September 2007.