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 15A
Effect on external administrator of Banking Act statutory manager taking control of a body corporate
'
s business
(1)
The appointment of an external administrator of a body corporate is terminated when a Banking Act statutory manager takes control of the body corporate
'
s business.
History
S 15A(1) amended by No 10 of 2018, s 3 and Sch 1 items 176
-
179, by substituting
"
a body corporate is
"
for
"
an ADI is
"
,
"
a Banking Act statutory manager
"
for
"
an ADI statutory manager
"
,
"
the body corporate
'
s business
"
for
"
the ADI
'
s business
"
and repealing the note, effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA. The note formerly read:
Note:
For the definition of
external administrator
, see subsection (5).
(2)
An external administrator of a body corporate must not be appointed while a Banking Act statutory manager is in control of the body corporate
'
s business unless APRA approves the appointment.
History
S 15A(2) amended by No 10 of 2018, s 3 and Sch 1 items 180
-
182, by substituting
"
a body corporate must
"
for
"
an ADI must
"
,
"
a Banking Act statutory manager
"
for
"
an ADI statutory manager
"
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)
If a person who ceased to be the external administrator of a body corporate under subsection (1), or a purported external administrator of the body corporate appointed in contravention of subsection (2), purports to act in relation to the body corporate
'
s business while a Banking Act statutory manager has control of the body corporate
'
s business, those acts are invalid and of no effect.
History
S 15A(3) amended by No 10 of 2018, s 3 and Sch 1 items 183
-
186, by substituting
"
a body corporate under
"
for
"
an ADI under
"
,
"
the body corporate appointed
"
for
"
the ADI appointed
"
,
"
the body corporate
'
s business
"
for
"
the ADI
'
s business
"
(wherever occurring) and
"
a Banking Act statutory manager
"
for
"
an ADI statutory manager
"
, effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA.
(4)
APRA must inform the external administrator of a body corporate that a Banking Act statutory manager will take control of the body corporate
'
s business as soon as possible after the decision that a Banking Act statutory manager will take control of the body corporate
'
s business is made. However, failure to inform the external administrator does not affect the operation of this section.
History
S 15A(4) amended by No 10 of 2018, s 3 and Sch 1 items 187
-
189, by substituting
"
a body corporate that
"
for
"
an ADI that
"
,
"
a Banking Act statutory manager
"
for
"
an ADI statutory manager
"
(wherever occurring) 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.
(5)
(Repealed by No 105 of 2008)
History
S 15A(5) repealed by No 105 of 2008, s 3 and Sch 2 item 16, effective 18 October 2008. S 15A(5) formerly read:
(5)
For the purposes of this section,
external administrator
means any of the following:
(a)
a liquidator or provisional liquidator;
(b)
a receiver, manager, managing controller, receiver and manager or other controller (other than an ADI statutory manager);
(c)
a voluntary administrator or administrator of a deed of a company arrangement or a scheme manager.
Expressions used in this subsection have the same meanings as they have in the
Corporations Act 2001
.