Banking Act 1959

Part IIB - Provisions relating to the non-ADI lenders  

Division 1 - Main concepts  

SECTION 38B   Meaning of non-ADI lender and Part IIB provision of finance  

(1)    
A non-ADI lender is a registrable corporation (within the meaning of the Financial Sector (Collection of Data) Act 2001 ) that is engaged in the Part IIB provision of finance.

(2)    
Part IIB provision of finance means the provision of finance (within the meaning of the Financial Sector (Collection of Data) Act 2001 ), other than:

(a)    the activities mentioned in paragraphs 32(1)(e) , (f), (g) and (h) of that Act; and

(b)    the provision of finance (within the meaning of that Act) outside Australia; and

(c)    

the entry into an arrangement that is a derivative (within the meaning of Chapter 7 of the Corporations Act 2001 ).