Banking Act 1959
Part II
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Provisions relating to the carrying on of banking business
Division 1
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Authority to carry on banking business
SECTION 11
APRA may determine that provisions of this Act do not apply
(1)
APRA may, in writing, determine that any or all of the following provisions of this Act do not apply to a person while the determination is in force:
(a) a provision of Division 1 , 1AA or 1A of Part II (other than section 11A , 11B or 11C );
(b) section 66 ;
(c) section 66A ;
(d) section 67 ;
(e) section 69 .
(2)
The determination:
(a) may be expressed to apply to a particular person or to a class of persons; and
(b) may specify the period during which the determination is in force; and
(c) may be made subject to specified conditions.
(2A)
If APRA makes a determination that applies to a particular person, APRA must also give the person written notice of the determination.
(3)
A person commits an offence if:
(a) the person does, or fails to do, an act; and
(b) doing, or failing to do, the act results in a contravention of a condition to which a determination under this section is subject (being a determination that is in force and that applies to the person).
(3A)
An offence against subsection (3) is an indictable offence.
(3B)
If a person does or fails to do an act in circumstances that give rise to the person committing an offence against subsection (3), the person 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 person committing the offence continue (including the day of conviction for any such offence or any later day).
(4)
APRA may, in writing, vary or revoke a determination under this section.
(5)
The following instruments made under this section are not legislative instruments:
(a) a determination that applies to a particular person;
(b) an instrument varying or revoking a determination that applies to a particular person.
(6)
Otherwise, an instrument made under this section is a legislative instrument.
(7)
Part VI applies to the following decisions under this section:
(a) a refusal to determine that one or more provisions of this Act do not apply to a particular person;
(b) a variation or revocation of an order under this section that applies to a particular person.
APRA may, in writing, determine that any or all of the following provisions of this Act do not apply to a person while the determination is in force:
(a) a provision of Division 1 , 1AA or 1A of Part II (other than section 11A , 11B or 11C );
(b) section 66 ;
(c) section 66A ;
(d) section 67 ;
(e) section 69 .
View history note
Hide history note(2)
The determination:
(a) may be expressed to apply to a particular person or to a class of persons; and
(b) may specify the period during which the determination is in force; and
(c) may be made subject to specified conditions.
(2A)
If APRA makes a determination that applies to a particular person, APRA must also give the person written notice of the determination.
(3)
A person commits an offence if:
(a) the person does, or fails to do, an act; and
(b) doing, or failing to do, the act results in a contravention of a condition to which a determination under this section is subject (being a determination that is in force and that applies to the person).
Penalty: 200 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.
(3A)
An offence against subsection (3) is an indictable offence.
(3B)
If a person does or fails to do an act in circumstances that give rise to the person committing an offence against subsection (3), the person 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 person 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.
(4)
APRA may, in writing, vary or revoke a determination under this section.
(5)
The following instruments made under this section are not legislative instruments:
(a) a determination that applies to a particular person;
(b) an instrument varying or revoking a determination that applies to a particular person.
(6)
Otherwise, an instrument made under this section is a legislative instrument.
(7)
Part VI applies to the following decisions under this section:
(a) a refusal to determine that one or more provisions of this Act do not apply to a particular person;
(b) a variation or revocation of an order under this section that applies to a particular person.
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