Part II
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Provisions relating to the carrying on of banking business
Division 2
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Protection of depositors
Subdivision B
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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 14E
Termination of administrator
'
s appointment
(1)
APRA may terminate the appointment of an administrator of a body corporate
'
s business and either appoint another person as administrator of the body corporate
'
s business or itself take control of the body corporate
'
s business if:
(a)
the administrator contravenes a requirement of this Division; or
(b)
APRA considers such action necessary to:
(i)
facilitate the resolution of the body corporate, a relevant group of bodies corporate of which the body corporate is a member, or another member of such a group; or
(ii)
if the body corporate is an ADI
-
protect the interests of depositors of the ADI; or
(iii)
promote financial system stability in Australia.
History
S 14E(1) substituted by No 10 of 2018, s 3 and Sch 1 item 162, effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA. S 14E(1) formerly read:
(1)
If an administrator of an ADI
'
s business contravenes a requirement of this Division, APRA may terminate the administrator
'
s appointment.
(2)
The terms and conditions of an administrator
'
s appointment may provide for termination in circumstances in addition to those mentioned in subsection (1).
History
S 14E(2) substituted by No 10 of 2018, s 3 and Sch 1 item 162, effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA. S 14E(2) formerly read:
(2)
The terms and conditions of the administrator
'
s appointment may provide for termination in circumstances in addition to those mentioned in subsection (1).
(2A)
If:
(a)
APRA is the statutory manager of a body corporate; and
(b)
the requirement in paragraph (1)(b) is satisfied;
it may cease to be the statutory manager of the body corporate and appoint a person as administrator of the body corporate
'
s business.
History
S 14E(2A) inserted by No 10 of 2018, s 3 and Sch 1 item 162, effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA.
(3)
This section has effect subject to section
13C
.