Banking Act 1959

Subdiv A heading inserted by No 10 of 2018, s 3 and Sch 1 item 22, effective 5 March 2018. For application provisions, see note under Subdiv D heading of Pt II Div 1BA.

S 11AF(1) amended by No 10 of 2018, s 3 and Sch 1 item 23, by substituting para (c) to (e) for para (c) and (d), effective 5 March 2018. For application provisions, see note under Subdiv D heading of Pt II Div 1BA. Para (c) and (d) formerly read:

(c) a specified class of ADIs or authorised NOHCs; or

(d) one or more specified ADIs or authorised NOHCs.

S 11AF(1A) substituted by No 10 of 2018, s 3 and Sch 1 item 24, effective 5 March 2018. For application provisions, see note under Subdiv D heading of Pt II Div 1BA. S 11AF(1A) formerly read:

(1A)
A standard may impose different requirements to be complied with in different situations or in respect of different activities.

S 11AF(1AA) amended by No 10 of 2018, s 3 and Sch 1 items 25 and 26, by inserting para (ba), (bb), (e) and (f), effective 5 March 2018. For application provisions, see note under Subdiv D heading of Pt II Div 1BA.

S 11AF(1AA) inserted by No 116 of 2003, s 3 and Sch 2 item 7, effective 28 November 2003.

S 11AF(1AB) inserted by No 82 of 2010, s 3 and Sch 1 item 10, effective 27 July 2010.

S 11AF(1AC) repealed by No 68 of 2023, s 3 and Sch 1 item 104, effective 15 March 2024. S 11AF(1AC) formerly read:

(1AC)
Without limiting the prudential matters in relation to which APRA may determine a standard, a standard may provide for matters relating to Part IIAA (the Banking Executive Accountability Regime).

S 11AF(1AC) inserted by No 5 of 2018, s 3 and Sch 1 item 11, effective 1 July 2018. For application provisions, see note under Pt IIAA heading.

S 11AF(2) amended by No 10 of 2018, s 3 and Sch 1 item 27, by substituting " one or more specified ADIs or authorised NOHCs, or one or more specified subsidiaries of ADIs or authorised NOHCs " for " one or more specified ADIs or authorised NOHCs " , effective 5 March 2018. For application provisions, see note under Subdiv D heading of Pt II Div 1BA.

S 11AF(2) substituted by No 154 of 2007, s 3 and Sch 1 item 15, effective 24 September 2007. S 11AF(2) formerly read:

(2)
A standard:

(a) comes into force:

(i) unless subparagraph (ii) applies - on the day on which the determination of the standard is made; or

(ii) if that determination specifies a later day as the day on which the standard comes into force - on the day so specified; and

(b) continues in force until it is revoked.

S 11AF(3A) inserted by No 154 of 2007, s 3 and Sch 1 item 16, effective 24 September 2007.

S 11AF(4) repealed by No 154 of 2007, s 3 and Sch 1 item 17, effective 24 September 2007. S 11AF(4) formerly read:

(4)
Subject to subsection ( 6A ), if APRA determines or varies a standard referred to in paragraph (1)(a), (b) or (c) it must, as soon as practicable, cause a notice advising of the determination of the standard, or of the variation of the standard, and summarising the purpose and effect of the standard or variation, to be published:

(a) in the Gazette ; and

(b) in a daily newspaper or daily newspapers circulating generally in each State or Territory.

S 11AF(4A) substituted by No 10 of 2018, s 3 and Sch 1 item 28, effective 5 March 2018. For application provisions, see note under Subdiv D heading of Pt II Div 1BA. S 11AF(4A) formerly read:

(4A)
If APRA determines or varies a standard referred to in paragraph (1)(d) it must, as soon as practicable, give a copy of the standard, or of the variation, to the ADI or authorised NOHC, or to each ADI or authorised NOHC, to which the standard applies. Whenever APRA gives a copy of a standard, or of a variation, to an ADI or authorised NOHC, it must also provide a copy to the Treasurer.

S 11AF(5) repealed by No 154 of 2007, s 3 and Sch 1 item 17, effective 24 September 2007. S 11AF(5) formerly read:

(5)
If APRA revokes a standard referred to in paragraph (1)(a), (b) or (c) it must, as soon as practicable, cause a notice of the revocation to be published:

(a) in the Gazette ; and

(b) in a daily newspaper or daily newspapers circulating generally in each State or Territory.

S 11AF(5A) substituted by No 10 of 2018, s 3 and Sch 1 item 28, effective 5 March 2018. For application provisions, see note under Subdiv D heading of Pt II Div 1BA. S 11AF(5A) formerly read:

(5A)
If APRA revokes a standard referred to in paragraph (1)(d) it must, as soon as practicable, give notice of the revocation to the ADI or authorised NOHC, or to each ADI or authorised NOHC, to which the standard applied. Whenever APRA gives a notice of revocation to an ADI or authorised NOHC, it must also provide a copy to the Treasurer.

S 11AF(6) repealed by No 154 of 2007, s 3 and Sch 1 item 17, effective 24 September 2007. S 11AF(6) formerly read:

(6)
Subject to subsection ( 6A ), APRA must take reasonable steps to ensure that copies of the current text of the standards are available for inspection and purchase.

S 11AF(6A) repealed by No 154 of 2007, s 3 and Sch 1 item 17, effective 24 September 2007. S 11AF(6A) formerly read:

(6A)
If APRA considers that a standard, or a variation of a standard, contains commercially sensitive information:

(a) APRA is not required to include that information in a notice published under subsection (4) or in the version of the standard that is available under subsection (6); but

(b) APRA may include some or all of that information in either or both of those things if APRA considers it appropriate to do so.

S 11AF(7) amended by No 154 of 2007, s 3 and Sch 1 item 18, by substituting " (4A) or (5A) " for " (4), (4A), (5), (5A) or (6) " , effective 24 September 2007.

S 11AF(7A) amended by No 142 of 2018, s 3 and Sch 2 item 6, by substituting " paragraph (1)(e) " for " paragraph (1)(d) " in para (a) and (b), effective 30 November 2018.

S 11AF(7A) inserted by No 154 of 2007, s 3 and Sch 1 item 19, effective 24 September 2007.

S 11AF(7B) inserted by No 154 of 2007, s 3 and Sch 1 item 19, effective 24 September 2007.

S 11AF(7BA) amended by No 126 of 2015, s 3 and Sch 1 item 73, by substituting " Legislation Act 2003 " for " Legislative Instruments Act 2003 " in para (b), effective 5 March 2016.

S 11AF(7BA) inserted by No 82 of 2010, s 3 and Sch 1 item 11, effective 27 July 2010.

S 11AF(7C) amended by No 142 of 2018, s 3 and Sch 2 item 7, by substituting " paragraph (1)(e) " for " paragraph (1)(d) " in para (a), effective 30 November 2018.

S 11AF(7C) inserted by No 25 of 2008, s 3 and Sch 4 item 6, applicable to decisions made on or after 26 May 2008.