Banking Act 1959

Pt VIA amended by No 10 of 2019, s 3 and Sch 1 item 17, by inserting the note, effective 1 July 2019. No 10 of 2019, s 3 and Sch 1 item 17 contains the following application provision:

20 Application  
20
Despite the repeal of Division 1 of Part VIA of the Banking Act 1959 by item 18, 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 52C(1) of the Banking Act 1959 , as in force immediately before that commencement, that is engaged in before that commencement; and

(c) a threat referred to in subsection 52C(2) of the Banking Act 1959 , as in force immediately before that commencement, that is made before that commencement.

Part VIA inserted by No 154 of 2007, s 3 and Sch 1 item 44, effective 24 September 2007.

Div 1 repealed by No 10 of 2019, s 3 and Sch 1 item 18, effective 1 July 2019. For application provision, see note under Part VIA heading.

Div 1 inserted by No 154 of 2007, s 3 and Sch 1 item 44, effective 24 September 2007.

S 52A repealed by No 10 of 2019, s 3 and Sch 1 item 18, effective 1 July 2019. For application provision, see note under Part VIA heading. S 52A formerly read:

SECTION 52A Disclosures qualifying for whistleblower protection  
(1)
This section applies to a disclosure of information made by a person (the discloser ) who is, in relation to a body corporate that is an ADI, an authorised NOHC or a subsidiary of an ADI or authorised NOHC, any of the following:

(a) an officer of the body corporate;

(b) an employee of the body corporate;

(c) a person who has a contract for the supply of services or goods to the body corporate;

(d) an employee of a person who has a contract for the supply of services or goods to the body corporate.

(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) APRA;

(ii) an auditor, or a member of an audit team conducting an audit, of the body corporate or a whistleblower related body corporate;

(iii) a director or senior manager of the body corporate or a whistleblower related body corporate;

(iv) a person authorised by the body corporate to receive disclosures of the kind made; 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 body corporate; and

(ii) the discloser considers that the information may assist a person referred to in paragraph (a) to perform the person ' s functions or duties in relation to the body corporate or a whistleblower related body corporate; and

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

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History

S 52A(2) amended by No 10 of 2018, s 3 and Sch 1 item 235, by substituting " whistleblower related body corporate " for " related body corporate " (wherever occurring in para (a) and (c), effective 5 March 2018. For application provisions, see note under Subdiv D heading of Pt II Div 1BA.

S 52A(2) amended by No 82 of 2010, s 3 and Sch 1 item 41, by substituting " an auditor " for " the auditor " in para (a)(ii), effective 27 July 2010.

(3)
For the purposes of this section, a body corporate is a whistleblower related body corporate of another body corporate if:

(a) in the case of an ADI - the other body corporate is the authorised NOHC of the ADI or a subsidiary of the ADI or authorised NOHC; or

(b) in the case of an authorised NOHC of an ADI - the other body corporate is the ADI or a subsidiary of the ADI or authorised NOHC; or

(c) in the case of a subsidiary of an ADI or authorised NOHC - the other body corporate is the ADI, the authorised NOHC or another subsidiary of the ADI or the authorised NOHC.

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History

S 52A(3) amended by No 10 of 2018, s 3 and Sch 1 item 236, by substituting " whistleblower related body corporate " for " related body corporate " , effective 5 March 2018. For application provisions, see note under Subdiv D heading of Pt II Div 1BA.

(4)
In this section, officer has the same meaning as it has in the Corporations Act 2001 .

S 52A inserted by No 154 of 2007, s 3 and Sch 1 item 44, effective 24 September 2007.