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 14D
Administrator in control
-
additional duties
(1)
Duty to report to APRA on request
A person who is an administrator of a body corporate
'
s business must give to APRA a written report showing how the control of the body corporate
'
s business is being carried out if APRA requests that such a report be provided to it. The report must be given to APRA within a reasonable time after the request.
History
S 14D(1) amended by No 10 of 2018, s 3 and Sch 1 items 152 and 153, by substituting
"
a body corporate
'
s business
"
for
"
an ADI
'
s business
"
and
"
the body corporate
'
s business
"
for
"
the ADI
'
s business
"
, effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA.
(2)
Duty to report to APRA on termination of appointment
A person who was an administrator of a body corporate
'
s business must give to APRA a written report showing how the control of the body corporate
'
s business was carried out over the period of the administrator
'
s appointment if the administrator
'
s appointment has been terminated. The report must be given to APRA within a reasonable time of the termination.
History
S 14D(2) amended by No 10 of 2018, s 3 and Sch 1 items 154 and 155, by substituting
"
a body corporate
'
s business
"
for
"
an ADI
'
s business
"
and
"
the body corporate
'
s business
"
for
"
the ADI
'
s business
"
, effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA.
(3)
Duty to follow directions by APRA
APRA may give an administrator of a body corporate
'
s business a direction relating to the control of the body corporate
'
s business, and may alter such a direction. If a direction (including an altered direction) is given to an administrator by APRA, the administrator must:
(a)
act in accordance with the direction; or
(b)
immediately provide to APRA information relating to the control of the body corporate
'
s business and request APRA to alter the direction.
History
S 14D(3) amended by No 10 of 2018, s 3 and Sch 1 items 156 and 157, by substituting
"
a body corporate
'
s business
"
for
"
an ADI
'
s business
"
and
"
the body corporate
'
s business
"
for
"
the ADI
'
s business
"
(wherever occurring), effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA.
(4)
If an administrator of a body corporate
'
s business requests APRA to alter a direction and APRA considers the request then confirms the direction, the administrator must act in accordance with the direction.
History
S 14D(4) amended by No 10 of 2018, s 3 and Sch 1 item 158, 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.