Part II
-
Provisions relating to the carrying on of banking business
Division 1BA
-
APRA's power to issue directions
Subdivision C
-
General provisions relating to all directions
SECTION 11CG
Non-compliance with a direction
(1)
An ADI, authorised NOHC or other body corporate commits an offence if:
(a)
it does, or fails to do, an act; and
(b)
doing, or failing to do, the act results in a contravention of a direction given to it under Subdivision
A
or
B
or section
17
,
23
or
29
.
(c)
(Repealed by No 154 of 2007)
Penalty: 50 penalty units.
Note 1:
Chapter
2
of the
Criminal Code
sets out the general principles of criminal responsibility.
Note 2:
If a body corporate is convicted of an offence against this subsection, subsection
4B(3)
of the
Crimes Act 1914
allows a court to impose a fine of up to 5 times the penalty stated above.
History
S 11CG(1) amended by No 68 of 2023, s 3 and Sch 1 item 105, by substituting
"
or 29
"
for
"
, 29 or 37DB
"
in para (b), effective 15 March 2024.
S 11CG(1) amended by No 5 of 2018, s 3 and Sch 1 item 12, by substituting
"
, 29 or 37DB
"
for
"
or 29
"
in para (b), effective 1 July 2018. For application provisions, see note under Pt
IIAA
heading.
S 11CG(1) amended by No 10 of 2018, s 3 and Sch 1 item 49, by substituting
"
An ADI, authorised NOHC or other body corporate
"
for
"
An ADI or an authorised NOHC
"
, effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA.
S 11CG(1) amended by No 125 of 2011, s 3 and Sch 1 item 16, by substituting
"
, 23 or 29
"
for
"
or 23
"
in para (b), effective 17 October 2011.
S 11CG(1) amended by No 82 of 2010 (as amended by No 136 of 2012), s 3 and Sch 6 item 8, by substituting
"
Penalty
"
for
"
Maximum penalty
"
in the penalty, effective 27 July 2010.
S 11CG(1) amended by No 154 of 2007, s 3 and Sch 1 items 20 and 21, by substituting
"
23.
"
for
"
23; and
"
in para (b) and repealing para (c), effective 24 September 2007. Para (b) formerly read:
(b)
there is no order in force under section
11
determining that this subsection does not apply to the ADI or authorised NOHC.
(1A)
If an ADI, authorised NOHC or other body corporate does or fails to do an act in circumstances that give rise to the ADI, NOHC or other body corporate committing an offence against subsection
(1)
, the ADI, NOHC or other body corporate commits an offence against that subsection in respect of:
(a)
the first day on which the offence is committed; and
(b)
each subsequent day (if any) on which the circumstances that gave rise to the ADI, NOHC or other body corporate committing the offence continue (including the day of conviction for any such offence or any later day).
Note:
This subsection is not intended to imply that section
4K
of the
Crimes Act 1914
does not apply to offences against this Act or the regulations.
History
S 11CG(1A) amended by No 10 of 2018, s 3 and Sch 1 items 50 and 51, by substituting
"
an ADI, authorised NOHC or other body corporate
"
for
"
an ADI or an authorised NOHC
"
and
"
ADI, NOHC or other body corporate
"
for
"
ADI or NOHC
"
(wherever occurring), effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA.
(2)
An officer of an ADI, authorised NOHC or other body corporate commits an offence if:
(a)
the officer fails to take reasonable steps to ensure that the ADI, NOHC or other body corporate complies with a direction given to it under Subdivision
A
or
B
or section
17
,
23
or
29
; and
(b)
the officer
'
s duties include ensuring that the ADI, NOHC or other body corporate complies with the direction, or with a class of directions that includes the direction.
(c)
(Repealed by No 154 of 2007)
Penalty: 50 penalty units.
Note 1:
Chapter
2
of the
Criminal Code
sets out the general principles of criminal responsibility.
Note 2:
If a body corporate is convicted of an offence against this subsection, subsection
4B(3)
of the
Crimes Act 1914
allows a court to impose a fine of up to 5 times the penalty stated above.
History
S 11CG(2) amended by No 68 of 2023, s 3 and Sch 1 item 105, by substituting
"
or 29
"
for
"
, 29 or 37DB
"
in para (a), effective 15 March 2024.
S 11CG(2) amended by No 5 of 2018, s 3 and Sch 1 item 12, by substituting
"
, 29 or 37DB
"
for
"
or 29
"
in para (a), effective 1 July 2018. For application provisions, see note under Pt
IIAA
heading.
S 11CG(2) amended by No 10 of 2018, s 3 and Sch 1 items 52 and 53, by substituting
"
an ADI, authorised NOHC or other body corporate
"
for
"
an ADI or an authorised NOHC
"
and
"
ADI, NOHC or other body corporate
"
for
"
ADI or NOHC
"
in para (a) and (b), effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA.
S 11CG(2) amended by No 125 of 2011, s 3 and Sch 1 item 16, by substituting
"
, 23 or 29
"
for
"
or 23
"
in para (b), effective 17 October 2011.
S 11CG(2) amended by No 82 of 2010 (as amended by No 136 of 2012), s 3 and Sch 6 item 8, by substituting
"
Penalty
"
for
"
Maximum penalty
"
in the penalty, effective 27 July 2010.
S 11CG(2) amended by No 154 of 2007, s 3 and Sch 1 items 22 and 23, by substituting
"
direction.
"
for
"
direction; and
"
in para (b) and repealing para (c), effective 24 September 2007. Para (c) formerly read:
(c)
there is no order in force under section
11
determining that this subsection does not apply to the officer.
(2A)
If an officer of an ADI, authorised NOHC or other body corporate fails to take reasonable steps to ensure that the ADI, NOHC or other body corporate complies with a direction given to it under Subdivision
A
or
B
or section
17
,
23
or
29
in circumstances that give rise to the officer committing an offence against subsection
(2)
, the officer commits an offence against that subsection in respect of:
(a)
the first day on which the offence is committed; and
(b)
each subsequent day (if any) on which the circumstances that gave rise to the officer committing the offence continue (including the day of conviction for any such offence or any later day).
Note:
This subsection is not intended to imply that section
4K
of the
Crimes Act 1914
does not apply to offences against this Act or the regulations.
History
S 11CG(2A) amended by No 68 of 2023, s 3 and Sch 1 item 106, by substituting
"
or 29
"
for
"
, 29 or 37DB
"
, effective 15 March 2024.
S 11CG(2A) amended by No 5 of 2018, s 3 and Sch 1 item 13, by substituting
"
, 29 or 37DB
"
for
"
or 29
"
, effective 1 July 2018. For application provisions, see note under Pt
IIAA
heading.
S 11CG(2A) amended by No 10 of 2018, s 3 and Sch 1 items 54 and 55, by substituting
"
an ADI, authorised NOHC or other body corporate
"
for
"
an ADI or an authorised NOHC
"
and
"
ADI, NOHC or other body corporate
"
for
"
ADI or NOHC
"
, effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA.
S 11CG(2A) amended by No 125 of 2011, s 3 and Sch 1 item 17, by substituting
"
, 23 or 29
"
for
"
or 23
"
, effective 17 October 2011.
(3)
In this section,
officer
has the meaning given by section
9
of the
Corporations Act 2001
.
History
S 11CG amended by No 116 of 2003, s 3 and Sch 2 item 12A, by substituting
"
or B or section 17 or 23
"
for
"
or Subdivision B
"
(wherever occurring), effective 28 November 2003.
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