National Consumer Credit Protection Act 2009

CHAPTER 2 - LICENSING OF PERSONS WHO ENGAGE IN CREDIT ACTIVITIES  

PART 2-2 - AUSTRALIAN CREDIT LICENCES  

Division 6 - When a licence can be suspended, cancelled or varied  

Subdivision A - Suspensions and cancellations  

SECTION 56   SUSPENSION AND CANCELLATION - SPECIAL PROCEDURES FOR APRA-REGULATED BODIES  
Special procedures for APRA-regulated bodies (other than ADIs)

56(1)    
If a licensee, or a related body corporate, is a body (the APRA body ) regulated by APRA (other than an ADI), then the following provisions apply:

(a) ASIC cannot suspend or cancel the licensee ' s licence if doing so would, in ASIC ' s opinion, have the result of preventing the APRA body from being able to carry on all or any of its usual activities (being activities in relation to which APRA has regulatory or supervisory responsibilities), unless ASIC has first consulted APRA about the proposed action;

(b) if ASIC suspends or cancels the licensee ' s licence and paragraph (a) does not apply to that action, ASIC must, within one week, inform APRA of the action that has been taken.

Special procedures for ADIs

56(2)    
If:

(a) a licensee is an ADI; or

(b) a related body corporate of a licensee is an ADI, and cancellation or suspension of the licensee ' s licence would, in ASIC ' s opinion, have the result of preventing the ADI from being able to carry on all or any of its banking business (within the meaning of the Banking Act 1959 );

then the following provisions have effect:

(c) subject to paragraph (d), the powers that ASIC would otherwise have under this Division to cancel or suspend the licensee ' s licence, or to revoke a suspension to which this subsection applied, are instead powers of the Minister;

(d) the procedures for the exercise of a power to which paragraph (c) applies are the same as would apply if ASIC could exercise the power, except that the Minister must not exercise the power unless he or she has first considered advice from ASIC on the proposed action, being advice given after ASIC has consulted APRA about the proposed action;

(e) ASIC (rather than the Minister) must still conduct any hearing required under paragraph 55(4)(a) and receive any submissions under paragraph 55(4)(b).