Part II
-
Provisions relating to the carrying on of banking business
Division 2
-
Protection of depositors
Subdivision B
-
Provisions dealing with control of a body corporate
'
s business by a Banking Act statutory manager
History
Subdiv B heading substituted by No 10 of 2018, s 3 and Sch 1 item 104, effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA. The heading formerly read:
Subdivision B
-
Provisions dealing with control of an ADI
'
s business by an ADI statutory manager
SECTION 14B
Administrator in control
-
additional powers to recommend action by APRA
Types of recommendation
(1)
An administrator of a body corporate
'
s business may make any of the following recommendations to APRA, by instrument in writing given to APRA:
(a)
that APRA make a particular direction under Division
1BA
, subsection
14D(3)
or section
29
in respect of the body corporate;
(b)
that APRA apply for the body corporate to be wound up;
(c)
if the body corporate is an ADI
-
that APRA revoke the ADI
'
s section
9
authority;
(d)
if the body corporate is an authorised NOHC
-
that APRA revoke the authorised NOHC
'
s authority under subsection
11AA(2)
.
History
S 14B(1) substituted by No 10 of 2018, s 3 and Sch 1 item 146, effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA. S 14B(1) formerly read:
(1)
Types of recommendation
An administrator of an ADI
'
s business may make any of the following recommendations to APRA, by instrument in writing given to APRA:
(a)
that APRA make a particular direction under Division 1BA or section 29 in respect of the ADI;
(b)
if the administrator considers that the ADI is insolvent and could not be restored to solvency within a reasonable period:
(i)
that APRA apply under section 14F to the Federal Court of Australia for an order that the ADI be wound up; or
(ii)
that APRA revoke the ADI
'
s section 9 authority.
(2)
Effect of recommendation
If an administrator of a body corporate
'
s business makes a recommendation under this section, APRA must consider the recommendation but is not required to act on it.
History
S 14B(2) amended by No 10 of 2018, s 3 and Sch 1 item 147, by substituting
"
a body corporate
'
s business
"
for
"
an ADI
'
s business
"
, effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA.