S 52E repealed by No 10 of 2019, s 3 and Sch 1 item 18, effective 1 July 2019.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 52E formerly read:
SECTION 52E Confidentiality requirement for company, company officers and employees and auditors
(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)
an auditor of, or a member of an audit team conducting an audit of, the body corporate or a whistleblower related body corporate within the meaning of subsection 52A(3)); or
(ii)
a director or senior manager of the body corporate or a whistleblower related body corporate within the meaning of subsection 52A(3); or
(iii)
a person authorised by the body corporate to receive disclosures of that kind; and
(c)
the offender is:
(i)
an auditor, or a member of an audit team conducting an audit, of the body corporate or a whistleblower related body corporate within the meaning of subsection 52A(3); or
(ii)
a director or senior manager of the body corporate or a whistleblower related body corporate within the meaning of subsection 52A(3); or
(iii)
a person authorised by the body corporate to receive disclosures of that kind; or
(iv)
the body corporate or a whistleblower related body corporate within the meaning of subsection 52A(3); or
(v)
an officer or employee of the body corporate or a whistleblower related body corporate within the meaning of subsection 52A(3); 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:
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.
History
S 52E(1) amended by No 10 of 2018, s 3 and Sch 1 items 237 and 238, by substituting
"
whistleblower related body corporate
"
for
"
related body corporate
"
(wherever occurring) in para (b), and
"
whistleblower related body corporate within the meaning of subsection 52A(3)
"
for
"
related body corporate
"
(wherever occurring) in para (c), effective 5 March 2018. For application provisions, see note under Subdiv D heading of Pt II Div 1BA.
S 52E(1) amended by No 82 of 2010, s 3 and Sch 1 item 41, by substituting
"
an auditor
"
for
"
the auditor
"
in paras (b)(i) and (c)(i), effective 27 July 2010.
(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.
(3)
In this section,
officer
has the same meaning as it has in the
Corporations Act 2001
.
S 52E inserted by No 154 of 2007, s 3 and Sch 1 item 44, effective 24 September 2007.
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