PART 2A
-
LICENSING OF TRUSTEES AND GROUPS OF INDIVIDUAL TRUSTEES
History
Pt 2A inserted by No 53 of 2004, s 3 and Sch 1 item 29, effective 1 July 2004.
Division 7
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Cancelling RSE licences
History
Div 7 inserted by No 53 of 2004, s 3 and Sch 1 item 29, effective 1 July 2004.
SECTION 29G
CANCELLATION OF RSE LICENCES
29G(1)
APRA may, in writing, cancel an RSE licence.
Note:
In some circumstances, APRA must inform or consult ASIC (see section
29GA
).
History
S 29G(1) amended by No 25 of 2008, s 3 and Sch 3 items 32 and 33, by omitting
"
Subject to subsection (3),
"
before
"
APRA may,
"
and omitting
"
needs the consent of the Minister (see subsection (3)) or
"
after
"
In some circumstances, APRA
"
in the note, effective 26 May 2008.
S 29G(1) amended by No 93 of 2004, s 3 and Sch 1 item 8, by substituting
"
subsection (3)
"
for
"
subsection (2)
"
(fixing an incorrect cross-reference), effective 1 July 2004.
29G(2)
Without limiting subsection (1), APRA may cancel an RSE licence under that subsection if:
(a)
the RSE licensee has requested, in the approved form, that the licence be cancelled; or
(b)
the RSE licensee is a body corporate and is a disqualified person for the purposes of Part
15
; or
(c)
the RSE licensee has breached a condition imposed on the licence; or
(d)
APRA has reason to believe that the RSE licensee will breach a condition imposed on the licence; or
(e)
the RSE licensee has failed to comply with a direction by APRA under subsection
131D(1)
or
131DA(1)
; or
(f)
APRA has reason to believe that the RSE licensee will fail to comply with a direction by APRA under subsection
131D(1)
or
131DA(1)
.
(v)
(Repealed by No 70 of 2015)
History
S 29G(2) amended by No 40 of 2019, s 3 and Sch 5 item 7, by substituting
"
under subsection 131D(1) or 131DA(1)
"
for
"
under section 29EB
"
in para (e) and (f), applicable to events that occur, and anything that a person does or fails to do, on or after 6 April 2019.
S 29G(2) amended by No 70 of 2015, s 3 and Sch 1 items 147 and 148, by substituting
"
29EB.
"
for
"
29EB;
"
in para (f) and repealing para (v), effective 1 July 2015. Para (v) formerly read:
(v)
where the RSE licensee is an FHSA provider (within the meaning of the
First Home Saver Accounts Act 2008
)
-
circumstances exist as described in paragraph 107(2)(b), (c), (d), (e) or (f) of that Act.
S 29G(2) amended by No 45 of 2008, s 3 and Sch 3 item 38, by inserting para (v), effective 26 June 2008.
29G(3)
(Repealed by No 25 of 2008)
History
S 29G(3) repealed by No 25 of 2008, s 3 and Sch 3 item 34, effective 26 May 2008. S 29G(3) formerly read:
29G(3)
APRA must not cancel an RSE licence under subsection (1) without the Minister
'
s written consent, unless paragraph (2)(a) or (b) applies to the cancellation.
29G(4)
If APRA cancels an RSE licence it must take all reasonable steps to ensure that the body corporate or a member of the group that held the RSE licensee is given a notice informing the body corporate or group:
(a)
that APRA has cancelled the licence; and
(b)
of the reasons for the cancellation.
History
S 29G inserted by No 53 of 2004, s 3 and Sch 1 item 29, effective 1 July 2004.