Whistleblower Protection Act(Act No. 122 of 2004)
Last Version: Act No. 36 of 2021
TOC
History
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February 4, 2023
- Last Version: Act No. 36 of 2021
- Translated Date: August 22, 2022
- Dictionary Version: 15.0
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July 24, 2019
- Last Version: Act No. 70 of 2017
- Translated Date: February 1, 2019
- Dictionary Version: 13.0
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March 31, 2009
- Last Version:
- Translated Date: April 1, 2009
- Dictionary Version: 1.0
Whistleblower Protection Act
Act No. 122 of June 18, 2004
Table of Contents
Chapter I General Provisions (Article 1 and Article 2)
Chapter II Nullity of Dismissal and Prohibition of Disadvantageous Treatment of Whistleblowers on the Grounds of Whistleblowing Disclosure, etc. (Articles 3 to 10)
Chapter III Measures to Be Taken by Enterprises (Article 11 to Article 14)
Chapter IV Miscellaneous Provisions (Article 15 to Article 20)
Chapter V Penal Provisions (Article 21 and Article 22)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1The purpose of this Act is to protect whistleblowers by providing for nullity of dismissal and prohibition of disadvantageous treatment of whistleblowers on the grounds of whistleblowing disclosure and other related matters, and by providing for the measures and other similar actions that an enterprise or administrative organ should take concerning whistleblowing disclosures, while also promoting compliance with the laws and regulations concerning the protection of life, wellbeing, property, and other interests of citizens, thereby contributing to the stabilization of the general welfare of the life of the citizens and to sound socioeconomic development.
(Definitions)
Article 2(1)The term "whistleblowing disclosure" as used in this Act means a report made by a person set forth in the following items without a wrongful purpose such as a purpose of acquiring a wrongful gain or causing damage to others regarding a reportable fact that has occurred, or is about to occur, concerning an enterprises provided for in those items (meaning a corporation or other organizations and an individual who engages in business; the same applies hereinafter), or its officer (meaning a corporate director, executive officer, accounting advisor, corporate auditor, director, inspector, and liquidator, and any other person who is engaged in the management of the corporation (excluding a financial auditor) under the provisions of laws and regulations (meaning laws and orders based on the laws; the same applies hereinafter); the same applies hereinafter), employee, agent or other persons engaged in the business of the recipient of services, to the recipient of services or the person designated by the recipient of services in advance (hereinafter referred to as "recipient of services or other designated person"), to an administrative organ with the authority to impose a disposition (meaning an order, revocation, and other acts involving the exercise of public authority; the same applies hereinafter) or make a recommendation or other act (meaning a recommendation and other acts which are not dispositions; the same applies hereinafter) with regard to the reportable fact, or the person designated by the administrative organ in advance (referred to as "administrative organ or other designated person" in item (ii) of the following Article and Article 6, item (ii)), or to any person to whom reporting the reportable fact is considered necessary in order to prevent its occurrence or the spread of damage it causes (including persons who have been or are likely to be damaged by the reportable fact, but excluding persons who are likely to cause harm to the competitive position or other legitimate interests of the recipient of services; the same applies in item (iii) of the following Article and Article 6, item (iii)).
(i)a worker (meaning a worker as provided for in Article 9 of the Labor Standards Act (Act No. 49 of 1947); the same applies hereinafter) or a person who was a worker: an enterprise which employs the worker or the person who was a worker, or which employed the worker or the person who was a worker within one year prior to the date of the report (excluding enterprises provided for in the following item);
(ii)a dispatched worker (meaning a dispatched worker as provided for in Article 2, item (ii) of the Act on Securing the Proper Operation of Worker Dispatching Businesses and Protecting Dispatched Workers (Act No. 88 of 1985; referred to as "Worker Dispatching Act" in Article 4); the same applies hereinafter) or a person who was a dispatched worker: the enterprise which receives services of worker dispatch (meaning the worker dispatch provided for in Article 2, item (i) of the Worker Dispatching Act; the same applies in Article 4 and Article 5, paragraph (2)) regarding the dispatched worker or the person who was a dispatched worker, or which received those services within one year prior to the date of the report;
(iii)a worker, former worker, dispatched worker or former dispatched worker who engages in or engaged in the business within one year prior to the date of the report, at the time an enterprise provided for in the preceding two items engages or engaged in that business based on a contract for work or other contract with another enterprise: that other enterprise; and
(iv)an officer: the following enterprises:
(a)an enterprise which has the officer perform duties; or
(b)another enterprise if the enterprise set forth in (a) engages in business based on a contract for work or other contract with that other enterprise and the officer is engaged in the business.
(2)The term "whistleblower" as used in this Act means a person who has made a whistleblowing disclosure.
(3)The term "reportable fact" as used in this Act means any of the facts listed in the following items:
(i)the facts of criminal acts constituting the crimes provided for in this Act and in the laws listed in the appended table (including orders based on those laws; the same applies in this paragraph) as those concerning the protection of the life or wellbeing of an individual, or the interests of consumers, the conservation of the environment, the protection of fair competition, or the protection of the life, wellbeing, property, or other interests of the citizens; or the facts constituting the grounds for a civil fine provided for in this Act and the laws listed in the appended table; or
(ii)the facts constituting the grounds for the disposition based on the laws listed in the appended table, if the violation of the disposition constitutes the facts listed in the preceding item (if the facts constituting the grounds for the disposition in question are the violations of any other dispositions based on the laws listed in the appended table or failure to comply with any recommendations or other acts based on those laws, including the facts constituting the grounds for those other dispositions or for those recommendations or other acts).
(4)The term "administrative organ" as used in this Act means any of the following organs:
(i)Cabinet Office, the Imperial Household Agency, organs provided for in Article 49, paragraph (1) or (2) of the Act for Establishment of the Cabinet Office (Act No. 89 of 1999), the Digital Agency, organs provided for in Article 3, paragraph (2) of the National Government Organization Act (Act No. 120 of 1948), organs under the jurisdiction of the Cabinet which were established pursuant to laws, organs established within one of these organs, or the personnel of the abovementioned organs who are authorized by laws to independently exercise their authority; and
(ii)organs (excluding assemblies) of local governments.
Chapter II Nullity of Dismissal and Prohibition of Disadvantageous Treatment of Whistleblowers on the Grounds of Whistleblowing Disclosure
(Nullity of Dismissal)
Article 3If a whistleblower who is a worker is dismissed by the enterprise provided for in paragraph (1), item (i) of the preceding Article (limited to an enterprise that employs the worker; the same applies in Article 9) on the grounds of making a whistleblowing disclosure provided for in the respective following items in the respective cases, the dismissal is to be void:
(i)if the whistleblower considers that a reportable fact has occurred, or is about to occur: whistleblowing disclosure to the recipient of services or other designated person;
(ii)if the whistleblower has reasonable grounds to believe that a reportable fact has occurred or is about to occur; or if the whistleblower considers that a reportable fact has occurred, or is about to occur, and submits a document stating the following matters (including a record made by an electronic method, a magnetic method, or any other method not recognizable to human senses; the same applies in (e) of the following item): whistleblowing disclosure to an administrative organ or other designated person that has the authority to impose a disposition or make a recommendation or other act regarding the reportable fact:
(a)the name and address or residence of the whistleblower;
(b)details of the reportable fact;
(c)reasons for considering that the reportable fact has occurred or is about to occur; and
(d)reasons for considering that measures based on laws and regulations, or any other appropriate measures should be taken with respect to the reportable fact.
(iii)if the whistleblower has reasonable grounds to believe that a reportable fact has occurred or is about to occur, and one of the following cases applies: whistleblowing disclosure to a person to whom reporting the reportable fact is considered necessary to prevent its occurrence or the spread of damage it causes:
(a)the whistleblower has reasonable grounds to believe that if they make a whistleblowing disclosure provided for in the preceding two items, they will be subject to dismissal or disadvantageous treatment;
(b)the whistleblower has reasonable grounds to believe that if they make a whistleblowing disclosure provided for in item (i), the evidence for the reportable fact might be concealed, counterfeited, or altered;
(c)the whistleblower has reasonable grounds to believe that if they make a whistleblowing disclosure as provided for in item (i), the recipient of services will divulge the information acquired with respect to the whistleblower without just cause despite knowing that the information enables the identification of the whistleblower;
(d)the whistleblower is requested not to make a whistleblowing disclosure provided for in the preceding two items by the recipient of services without just cause;
(e)even if twenty days have elapsed from the day of making a whistleblowing disclosure provided for in item (i) in writing, the whistleblower does not receive a notice from the relevant recipient of services or other designated person about the commencement of an investigation on the reportable fact, or the relevant recipient of services or other designated person does not investigate the reportable fact without just cause; or
(f)the whistleblower has reasonable grounds to believe that harm to the life or wellbeing of an individual, or damage to the property of an individual (excluding an individual conducting business; the same applies hereinafter in this sub-item (f)) (limited to irreparable damage or substantial amount of damage to an extremely large number of individuals directly caused by the reportable fact; the same applies in Article 6, item (ii), (b) and item (iii), (b)) has occurred, or there is an imminent danger of its occurrence.
(Nullity of the Termination of Worker Dispatch Contract)
Article 4If the whistleblower is a dispatched worker working under the direction of the enterprise provided for in Article 2, paragraph (1), item (ii) (limited to the enterprises that are recipients of worker dispatch services regarding the dispatched worker; the same applies in this Article and paragraph (2) of the following Article), the cancellation of the worker dispatch contract (meaning a worker dispatch contract provided for in Article 26, paragraph (1) of the Worker Dispatching Act) on the grounds of making a whistleblowing disclosure provided for in the items of the preceding Article is to be void.
(Prohibition of Disadvantageous Treatment)
Article 5(1)In addition to what is provided for in Article 3, the enterprise provided for in Article 2, paragraph (1), item (i) must not demote, reduce salary for, or refuse to pay retirement allowance for a whistleblower whom the enterprise employs or employed, or otherwise treat the whistleblower in a disadvantageous manner on the grounds of whistleblowing disclosures as provided for in the items of Article 3.
(2)Beyond what is provided for in the preceding Article, the enterprise provided for in Article 2, paragraph (1), item (ii) must not request the enterprise that dispatches the whistleblower, who is a dispatched worker working under the direction of the first enterprise, to replace the whistleblower with another dispatched worker, or otherwise treat the whistleblower in a disadvantageous manner on the grounds of making a whistleblowing disclosure provided for in the items of Article 3.
(3)The enterprise provided for in Article 2, paragraph (1), item (iv) (limited to an enterprise listed in (a) of that item; the same applies in the following Article and Article 8, paragraph (4)) must not reduce the amount of remuneration for a whistleblower whom the enterprise has or had perform its duties, or otherwise treat the whistleblower in a disadvantageous manner (except for dismissal) on the ground that the whistleblower makes a whistleblowing disclosure provided for in the items of the following Article.
(Claim for Damages in Case of Dismissal of Officer)
Article 6If a whistleblower who is an officer is dismissed by the enterprise provided for in Article 2, paragraph 1, item (iv) on the grounds of making a whistleblowing disclosure as provided for in the following respective items in the case of the following respective items, the whistleblower may claim damages for the dismissal against the enterprise:
(i)if the whistleblower considers that a reportable fact has occurred, or is about to occur: whistleblowing disclosure to the recipient of services or other designated person;
(ii)if one of the following applies: whistleblowing disclosure to an administrative organ or other designated person that has the authority to impose a disposition or make a recommendation or other act regarding the reportable fact:
(a)if the whistleblower has reasonable grounds to believe that a reportable fact has occurred or is about to occur despite efforts being made to conduct investigative and rectification measures (meaning measures necessary for investigation and rectification of the reportable fact with the same level of care as that of a prudent manager; the same applies in (a) of the following item);
(b)if the whistleblower has reasonable grounds to believe that a reportable fact has occurred or is about to occur, and also that harm to the life or wellbeing of an individual, or damage to the property of an individual (excluding an individual conducting business) has occurred or there is an imminent danger of its occurrence.
(iii)if one of the following cases applies: whistleblowing disclosure to a person to whom reporting the reportable is considered necessary to prevent its occurrence or the spread of damages it causes:
(a)if the whistleblower has reasonable grounds to believe that the reportable fact has occurred or is about to occur despite efforts being made to conduct investigative and rectification measures, and one of the following applies:
1.if the whistleblower has reasonable grounds to believe that the whistleblower will be subject to dismissal, reduction of remuneration, or other forms of disadvantageous treatment if they make a whistleblowing disclosure provided for in the preceding two items;
2.if the whistleblower has reasonable grounds to believe that the evidence for the reportable fact might be concealed, counterfeited, or altered if they make a whistleblowing disclosure as provided for in item (i); or
3.if the whistleblower is requested not to make a whistleblowing disclosure provided for in the preceding two items by the recipient of services without just cause;
(b)if the whistleblower has reasonable grounds to believe that a reportable fact has occurred or is about to occur, and also that harm to the life or wellbeing of an individual, or damage to the property of an individual (excluding an individual conducting business) has occurred or there is an imminent danger of its occurrence.
(Limitation of Claims for Damages)
Article 7No enterprise provided for in the items of Article 2, paragraph (1) may claim damages against a whistleblower who has made a whistleblowing disclosure as provided for in the items of Article 3 and the items of the preceding Article on the grounds that the enterprise has been damaged by the whistleblowing disclosure.
(Provisions on Construction)
Article 8(1)The provisions of Articles 3 through 7 do not preclude the application of the provisions of other laws and regulations that prohibit dismissal or any other disadvantageous treatment of a person set forth in the items of Article 2, paragraph (1) on the grounds of making a whistleblowing disclosure regarding a reportable fact.
(2)The provisions of Article 3 do not preclude the application of the provisions of Article 16 of the Labor Contract Act (Act No. 128 of 2007).
(3)The provision of Article 5, paragraph (1) do not preclude the application of the provisions of Articles 14 and 15 of the Labor Contract Act.
(4)The provisions of Article 6 do not preclude the application of provisions of other laws and regulations to the effect that a person who has been dismissed as an officer by the enterprise provided for in Article 2, paragraph (1), item (iv) on the ground that the person has made a whistleblowing disclosure regarding a reportable fact may claim for damages for the dismissal against the enterprise.
(Treatment of Regular Service National Public Employees or Other Public Employees)
Article 9Notwithstanding the provisions of Articles 3 through 5, the prohibition of dismissal or any other disadvantageous treatment of national public employees in the regular service, court officers to whom the Act on Temporary Measures concerning Court Officers (Act No. 299 of 1951) is applicable, Diet officers to whom the Diet Officers Act (Act No. 85 of 1947) is applicable, self-defense forces personnel specified in Article 2, paragraph (5) of the Self-Defense Forces Act (Act No. 165 of 1954), and local public employees in the regular service (hereinafter referred to as "regular service national public employees or other public employees" in this Article) on the grounds of whistleblowing disclosure provided for in the items of Article 3 is governed by the provisions of the National Public Service Act (Act No. 120 of 1947; including as applied mutatis mutandis pursuant to the Act on Temporary Measures Concerning Court Officers), Diet Officers Act, Self-Defense Forces Act, and Local Public Employees Act (Act No. 261 of 1950). In this case, the enterprise specified in Article 2, paragraph (1), item (I) must apply the provisions of these Acts so as not to dismiss the regular service national public employees or other public employees, or otherwise treat them in a disadvantageous manner on the ground of their making a whistleblowing disclosure as specified in the items of Article 3.
(Respect for the Legitimate Interests of Others)
Article 10Any person who makes a whistleblowing disclosure as provided for in the items of Article 3 and the items of Article 6 must make efforts not to damage the legitimate interests of others and the public interest.
Chapter III Measures to Be Taken by Enterprises
(Measures to Be Taken by Enterprises)
Article 11(1)An enterprise must designate a person to engage in receiving a whistleblowing disclosure as provided for in Article 3, item (i) and Article 6, item (i), investigating the reportable fact subject to the whistleblowing disclosure, and taking necessary measures to rectify it (hereinafter referred to as the "activity of dealing with whistleblowing disclosures" in the following Article) (the person in question is hereinafter referred to as a "person engaged in the activity of dealing with whistleblowing disclosures" in the following Article).
(2)In addition to what is provided for in the preceding paragraph, an enterprise must establish a system or take other measures necessary for responding to and appropriately dealing with whistleblowing disclosures provided for in Article 3, item (i) and Article 6, item (i) in order to protect whistleblowers and to promote compliance with the provisions of the laws and regulations concerning the protection of life, wellbeing, property, and other interests of citizens by utilizing the contents of whistleblowing disclosures.
(3)Concerning any enterprise that regularly employs 300 or fewer workers, the phrase "must designate" in paragraph (1) is replaced with "must endeavor to designate" and the phrase "must take" in the preceding paragraph is replaced with "must endeavor to take".
(4)The Prime Minister is to establish guidelines necessary for the appropriate and effective implementation of the measures to be taken by enterprises pursuant to the provisions of paragraphs (1) and (2) (including as applied following the replacement of the terms pursuant to the provisions of the preceding paragraph) (these guidelines are hereinafter simply referred to as the "guidelines" in this Article).
(5)When establishing the guidelines, the Prime Minister must hear the opinion of the Consumer Commission in advance.
(6)Upon establishing the guidelines, Prime Minister is to publicize them without delay.
(7)The provisions of the preceding two paragraphs apply mutatis mutandis to any change of the guidelines.
(Obligations of a Person Engaged in the Activity of Dealing with Whistleblowing Disclosures)
Article 12A person who is or was engaged in the activity of dealing with whistleblowing disclosures must not divulge any information which comes to the person's knowledge in connection with the activity of dealing with whistleblowing disclosures that enables the identification of the whistleblower, without just cause.
(Measures to Be Taken by Administrative Organs)
Article 13(1)If a whistleblowing disclosure provided for in Article 3, item (ii) and Article 6, item (ii) is made by a whistleblower, an administrative organ with the authority to impose a disposition or make a recommendation or other act regarding the reportable fact must conduct necessary investigations, and if it recognizes that the reportable fact subject to the whistleblowing disclosure exists, it must take measures based on laws and regulations or any other appropriate measures.
(2)The administrative organ (excluding the personnel provided for in Article 2, paragraph (4), item (i)) with the authority to impose a disposition or make a recommendation or other act regarding a reportable fact must establish a necessary system or otherwise take necessary measures to respond to and appropriately deal with whistleblowing disclosures provided for in Article 3, item (ii) and Article 6, item (ii) in order to properly implement the measures provided for in the preceding paragraph.
(3)Notwithstanding the provisions of the preceding two paragraphs, if the whistleblowing disclosure referred to in paragraph (1) concerns a fact that constitutes a criminal act as provided for in Article 2, paragraph (3), item (i), the provisions of the Code of Criminal Procedure (Act No. 131 of 1948) govern the criminal investigation and prosecution.
(Information)
Article 14If a whistleblowing disclosure referred to in paragraph (1) of the preceding Article is erroneously made to an administrative organ that does not have the authority to impose a disposition or make a recommendation or other act regarding the reportable fact subject to the whistleblowing disclosure, the administrative organ must inform the whistleblower of the administrative organ that has the authority to impose a disposition or make a recommendation or other act regarding that reportable fact.
Chapter IV Miscellaneous Provisions
(Collection of Report and Issuance of Advice, Guidance and Recommendation)
Article 15On finding it necessary to do so in connection with the enforcement of the provisions of Article 11, paragraphs (1) and (2) (including as applied following the replacement of the terms pursuant to the provision of paragraph (3) of that Article), the Prime Minister may request an enterprise to submit a report, or issue advice, guidance or recommendation to it.
(Publication)
Article 16If the Prime Minister issues a recommendation under the preceding Article to an enterprise that is in violation of the provisions of Article 11, paragraphs (1) and (2), and the enterprise receiving the recommendation fails to follow it, the Prime Minister may publicize this.
(Inquiry to Relevant Administrative Organ)
Article 17The Prime Minister may make an inquiry to or request cooperation from the relevant administrative organs with regard to the affairs under the provisions of this Act.
(Collection, Arrangement and Provision of Information by the Prime Minister)
Article 18The Prime Minister must endeavor to collect, arrange and provide information on the status of whistleblowing disclosures and whistleblowers, and any other information of which the dissemination contributes to compliance with the provisions of laws and regulations concerning the protection of whistleblowers and the protection of life, wellbeing, property, and other interests of citizens by utilizing the contents of whistleblowing disclosures.
(Delegation of Authority)
Article 19The Prime Minister delegates the authority under this Act (excluding the authority provided for in Cabinet Order) to the Commissioner of the Consumer Affairs Agency.
(Exemption)
Article 20The provisions of Article 15 and Article 16 do not apply to the national and local governments.
Chapter V Penal Provisions
Article 21Any person who has divulged any information provided for in Article 12 in violation of the same Article is to be subject to a fine of not more than 300,000 yen.
Article 22Any person who fails to submit a report under Article 15 or has submitted a false report is to be subject to a civil fine of not more than 200,000 yen.
Supplementary Provisions
(Effective Date)
Article 1This Act comes into effect as from the date provided for by Cabinet Order within a period not exceeding two years from the date of promulgation, and applies to whistleblowing disclosures made on and after the effective date.
(Review)
Article 2Approximately five years after this Act comes into effect, the government is to review the status of enforcement of this Act and take necessary measures based on those results.
Supplementary Provisions [Act No. 66 of June 14, 2006] [Extract]
This Act comes into effect as from the date of enforcement of the Act Amending the Securities and Exchange Act of 2006.
Supplementary Provisions [Act No. 128 of December 5, 2007] [Extract]
(Effective Date)
Article 1This Act comes into effect as from the date provided for by Cabinet Order within a period not exceeding three months from the date of promulgation.
Supplementary Provisions [Act No. 27 of April 6, 2012] [Extract]
(Effective Date)
Article 1This Act comes into effect as from the date provided for by Cabinet Order within a period not exceeding six months from the date of promulgation.
Supplementary Provisions [Act No. 70 of June 28, 2013] [Extract]
(Effective Date)
Article 1This Act comes into effect on the date provided for by Cabinet Order within a period not exceeding two years from the date of its promulgation.
Supplementary Provisions [Act No. 70 of June 23, 2017] [Extract]
(Effective Date)
Article 1This Act comes into effect as from the date provided for by Cabinet Order within a period not exceeding one year from the date of promulgation.
Supplementary Provisions [Act No. 51 of June 12, 2020] [Extract]
(Effective Date)
Article 1This Act comes into effect as from the date provided for by Cabinet Order within a period not exceeding two years from the date of promulgation; provided, however, that the provisions of Article 3 and Article 4 of the Supplementary Provisions come into effect from the date of promulgation.
(Transitional Measures)
Article 2The provisions of the Whistleblower Protection Act amended by this Act (hereinafter referred to as the "new Act") apply to the whistleblowing disclosures provided for in Article 2, paragraph (1) of the New Act which are made after the enforcement of this Act, and prior laws continue to govern the whistleblowing disclosures provided for in Article 2, paragraph (1) of the Whistleblower Protection Act prior to the amendment by this Act which were made before the enforcement of this Act.
Article 3(1)The Prime Minister may establish the guidelines for measures to be taken by enterprises in accordance with the provisions of Article 11, paragraphs (4) through (7) of the new Act even prior to the enforcement of this Act.
(2)The guidelines established pursuant to the provisions of the preceding paragraph are deemed to have been established pursuant to the provisions of Article 11, paragraph (4) of the new Act on the effective date of this Act.
(Delegation to Cabinet Order)
Article 4Beyond what is provided for in the preceding two Articles, transitional measures necessary for the enforcement of this Act is to be provided for by Cabinet Order.
(Review)
Article 5Approximately three years after this Act comes into force, the government is to review what measures should be taken to rectify the disadvantageous treatment of a whistleblower provided for in Article 2, paragraph (2) of the new Act on the grounds of making a whistleblowing disclosure provided for in paragraph (1) of that Article, and how to deal with claims in court procedures and other provisions of the new Act, and is to take any necessary measures based on its results, taking into consideration the status of enforcement of the new Act.
Supplementary Provisions [Act No. 36 of May 19, 2021] [Extract]
(Effective Date)
Article 1This Act comes into effect as from September 1, 2021; provided, however, that the provisions of Article 60 of the Supplementary Provisions come into effect as from the date of promulgation.
(Transitional Measures for Dispositions)
Article 57(1)Beyond what is otherwise provided for in laws and regulations, any dispositions such authorizations or other acts which a former national government organ rendered before the enforcement of this Act pursuant to the provisions of the laws before amendment by this Act (including orders under them; referred to as "former laws and regulations" in this Article and the following Article) are deemed to be dispositions such as authorizations or other acts which a corresponding national government organ has rendered pursuant to the corresponding provisions of the laws amended by this Act (including orders under them; referred to as the "new laws and regulations" in this Article and the following Article), after the enforcement of this Act.
(2)Beyond what is otherwise provided for in laws and regulations, an application, notification or any other act that has been filed with or made to the former national government organs pursuant to the provisions of the former laws and regulations at the time of the enforcement of this Act is deemed to be an application, notification or any other act that has been filed with or made to the corresponding national government organs pursuant to the corresponding provisions of the new laws and regulations after the enforcement of this Act.
(3)Beyond what is otherwise provided for in laws and regulations, if application, notification, or other procedures are required to be taken for certain matters with a former national government organ pursuant to the provisions of the former laws and regulations prior to the enforcement of this Act, but those procedures have not been taken with the former national government organ prior to the date of enforcement of this Act, the provisions of the new laws and regulations apply after the enforcement of this Act to those procedures deemed not to have been taken with the corresponding national government organ pursuant to the corresponding provisions of the new laws and regulations.
(Transitional Measures for Validity of Order)
Article 58Beyond what is otherwise provided for in the laws and regulations, Cabinet Office Order referred to in Article 7, paragraph (3) of the Act for Establishment of the Cabinet Office or Ministerial Order referred to in Article 12, paragraph (1) of the National Government Organization Act which has been issued pursuant to the provisions of the former laws and regulations is to remain in force after the enforcement of this Act as the corresponding Digital Agency Order referred to in Article 7, paragraph (3) or Ministerial Order referred to in Article 12, paragraph (1) of the National Government Organization Act which is issued under the corresponding provisions of the new laws and regulations.
(Delegation to Cabinet Order)
Article 60Beyond what is provided for in Article 15, Article 16, Article 51 and the preceding three Articles of the Supplementary Provisions, transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are to be provided for by Cabinet Order.
Appended Table
(i)the Penal Code (Act No. 45 of 1907)
(ii)the Food Sanitation Act (Act No. 233 of 1947)
(iii)the Financial Instruments and Exchange Act (Act No. 25 of 1948)
(iv)the Act on Japanese Agricultural Standards, etc. (Act No. 175 of 1950)
(v)the Air Pollution Control Act (Act No. 97 of 1968)
(vi)the Waste Management and Public Cleaning Act (Act No. 137 of 1970)
(vii)the Act on Protection of Personal Information (Act No. 57 of 2003)
(viii)beyond those listed in the preceding items, laws specified by Cabinet Order as those concerning the protection of life or wellbeing of an individual, the protection of interests of the consumers, the conservation of the environment, and the protection of fair competition, and concerning the protection of life, wellbeing, property and other interests of citizens