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Div 1 repealed by No 10 of 2019, s 3 and Sch 1 item 30, effective 1 July 2019.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S 336E repealed by No 10 of 2019, s 3 and Sch 1 item 30, effective 1 July 2019.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

SECTION 336E CONFIDENTIALITY REQUIREMENT FOR COMPANY, COMPANY OFFICERS AND EMPLOYEES AND AUDITORS  
336E(1)
A person (the offender ) commits an offence under this subsection if:

(a) a person (the discloser ) makes a disclosure of information that qualifies for protection under this Division; and

(b) the disclosure is made to:

(i) the auditor of, or a member of an audit team conducting an audit of, the superannuation entity; or

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

(iii) a director of a body corporate that is the trustee, custodian or investment manager of the superannuation entity; or

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

(c) the offender is:

(i) the auditor of, or a member of an audit team conducting an audit of, the superannuation entity; or

(ii) an individual who is the trustee of the superannuation entity; or

(iii) a director of a body corporate that is the trustee, custodian or investment manager of the superannuation entity; or

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

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

(d) the offender discloses any of the following information (the confidential information ):

(i) the information referred to in paragraph (a);

(ii) the identity of the discloser;

(iii) information that is likely to lead to the identification of the discloser; and

(e) the confidential information is information that the offender obtained directly or indirectly because of the disclosure referred to in paragraph (a); and

(f) either:

(i) the offender is the person to whom the disclosure referred to in paragraph (a) is made; or

(ii) the offender is a person to whom the confidential information is disclosed in contravention of this section and the offender knows that the disclosure of the confidential information to the offender was unlawful or made in breach of confidence; and

(g) the disclosure referred to in paragraph (d) is not authorised under subsection (2).

Penalty: 25 penalty units.

336E(2)
The disclosure referred to in paragraph (1)(d) is authorised under this subsection if:

(a) it is made to APRA; or

(b) it is made to a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 ); or

(c) it is made to someone else with the consent of the discloser.

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

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