Part II
-
Provisions relating to the carrying on of banking business
Division 2
-
Protection of depositors
Subdivision A
-
General provisions relating to depositor protection
SECTION 13BA
Start of control of body corporate
'
s business by Banking Act statutory manager
(1)
After the decision that a Banking Act statutory manager will take control of a body corporate
'
s business is made, APRA must give the body corporate written notice that the Banking Act statutory manager will take, or is taking, control of the business.
Note:
Subsections
15A(4)
and
16A(3)
also require APRA to give notice of the taking of control.
History
S 13BA(1) amended by No 10 of 2018, s 3 and Sch 1 items 72
-
75, by substituting
"
a Banking Act statutory manager
"
for
"
an ADI statutory manager
"
,
"
a body corporate
'
s business
"
for
"
an ADI
'
s business
"
,
"
give the body corporate
"
for
"
give the ADI
"
and
"
the Banking Act statutory manager
"
for
"
the ADI statutory manager
"
, effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA.
(2)
A Banking Act statutory manager takes control of a body corporate
'
s business:
(a)
at the time specified in a notice under this section as the time when the Banking Act statutory manager takes control of the business (which must not be earlier than the notice is given); or
(b)
if a notice under this section does not specify a time as the time when the Banking Act statutory manager takes control of the business
-
at the time the notice is given.
History
S 13BA(2) amended by No 10 of 2018, s 3 and Sch 1 items 76 and 77, by substituting
"
A Banking Act statutory manager takes control of a body corporate
'
s business
"
for
"
An ADI statutory manager takes control of an ADI
'
s business
"
and
"
the Banking Act statutory manager
"
for
"
the ADI statutory manager
"
in para (a) and (b), effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA.
(3)
A notice under subsection (1) is not a legislative instrument.
History
S 13BA inserted by No 105 of 2008, s 3 and Sch 2 item 9, applicable in relation to decisions made on or after 18 October 2008 that an ADI statutory manager will take control of an ADI
'
s business.