Australian Prudential Regulation Authority Act 1998

S 12(1) amended by No 64 of 2020, s 3 and Sch 3 item 155, by substituting " may, by legislative instrument, give APRA a direction " for " may give APRA a written direction " , effective 1 October 2020.

No 64 of 2020, Sch 3, item 325, effective 1 October 2020, provides the following application and transitional provisions:

325 Transitional - general provision to preserve existing instruments  
325(1)
Subitem (2) applies to an instrument (however described) made under, or for the purposes of, a provision amended by an item of this Part if:

(a) the instrument was in force immediately before the commencement of this Part; and

(b) the provision, as amended, provides for the same instrument, or a similar instrument, to be made as a notifiable instrument or a legislative instrument; and

(c) item 326 does not apply to the instrument.

325(2)
The instrument continues in force (and may be dealt with) as if it had been made under, or for the purposes of, the provision as amended.
326 Transitional - other instruments  
326(1)
An approval under section 14 of the Financial Sector (Shareholdings) Act 1998 and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were an approval under that section as amended by this Part.

326(2)
A notice given under section 130 of the Income Tax Assessment Act 1936 to a particular person and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were a notice under subsection 130(2) of that Act as amended by this Part.

326(3)
A declaration made under the definition of unit trust in section 202A of the Income Tax Assessment Act 1936 and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were a declaration under section 202AB of that Act as inserted by this Part.

326(4)
A decision made under subsection 820-960(4) of the Income Tax Assessment Act 1997 and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were:

(a) for a decision that applies to a particular entity - an exemption under subsection 820-962(3) of that Act as inserted by this Part; or

(b) otherwise - an exemption under subsection 820-962(1) of that Act as inserted by this Part.

326(5)
A variation made under section 15-15 in Schedule 1 to the Taxation Administration Act 1953 and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were:
(a) for a variation made by written notice to a particular entity - a variation made by notice under paragraph 15-15(3)(a) in that Schedule as substituted by this Part; or
(b) otherwise - a variation made by legislative instrument under paragraph 15-15(3)(b) in that Schedule as substituted by this Part.

326(6)
A variation made under subsection 16-153(6) in Schedule 1 to the Taxation Administration Act 1953 and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were:
(a) for a variation made by written notice to a particular entity - a variation made by notice under paragraph 16-153(7)(a) in that Schedule as substituted by this Part; or
(b) otherwise - a variation made by legislative instrument under paragraph 16-153(7)(b) in that Schedule as substituted by this Part.

326(7)
An exemption made under section 16-180 in Schedule 1 to the Taxation Administration Act 1953 and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were:
(a) for an exemption made by written notice to a particular entity - an exemption made by notice under paragraph 16-180(2)(a) in that Schedule as substituted by this Part; or
(b) otherwise - an exemption made by legislative instrument under paragraph 16-180(2)(b) in that Schedule as substituted by this Part.

326(8)
Item 325 does not apply to a direction given under subsection 64(1) of the Business Names Registration Act 2011 .

Note: For a transitional provision for directions given under subsection 64(1) of the Business Names Registration Act 2011 , see item 163 of this Schedule.

S 12(5) repealed by No 64 of 2020, s 3 and Sch 3 item 156, effective 1 October 2020. S 12(5) formerly read:

12(5) [Publicationand tabling of direction]  

The Minister must cause a copy of a direction under subsection (1):

(a) to be published in the Gazette within 21 days after the direction is given; and

(b) to be laid before each House of the Parliament within 15 sitting days of that House after the publication;

but failure of the Minister to do so does not affect the direction's validity.

For application and transitional provisions, see note under s 12(1) .

S 12 substituted by No 42 of 2003, s 3 and Sch 1 item 17, effective 1 July 2003. For transitional provisions, see the history note under the heading to Part 3.