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Div 1 repealed by No 10 of 2019, s 3 and Sch 1 item 18, effective 1 July 2019.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S 52C repealed by No 10 of 2019, s 3 and Sch 1 item 18, effective 1 July 2019.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 52C formerly read:

SECTION 52C Victimisation of whistleblowers prohibited  
Actually causing detriment to another person

(1)
A person commits an offence if:

(a) the person engages in conduct; and

(b) the person's conduct causes any detriment to another person; and

(c) the person intends that his or her conduct cause detriment to the other person; and

(d) the person engages in his or her conduct because the other person made a disclosure that qualifies for protection under this Division.

Penalty: 25 penalty units or imprisonment for 6 months, or both.

Threatening to cause detriment to another person

(2)
A person (the first person ) commits an offence if:

(a) the first person makes a threat to another person (the second person ) to cause any detriment to the second person or to a third person; and

(b) the first person:

(i) intends the second person to fear that the threat will be carried out; or

(ii) is reckless as to causing the second person to fear that the threat will be carried out; and

(c) the first person makes the threat because a person:

(i) made a disclosure that qualifies for protection under this Division; or

(ii) may make a disclosure that would qualify for protection under this Division.

Penalty: 25 penalty units or imprisonment for 6 months, or both.

Threats

(3)
For the purposes of subsection (2), a threat may be:

(a) express or implied; or

(b) conditional or unconditional.

Definition

(5)
In this section:

engage in conduct
means:

(a) do an act; or

(b) omit to do an act.

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