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 16A
APRA must report to Treasurer and publish information about statutory management
(1)
Reports to the Treasurer
If the Treasurer requests APRA to give him or her a written report concerning the activities of Banking Act statutory managers in respect of specified bodies corporate or in respect of a specified period, APRA must give the Treasurer such a written report within a reasonable time after the Treasurer requests it.
History
S 16A(1) amended by No 10 of 2018, s 3 and Sch 1 items 198 and 199, by substituting
"
Banking Act statutory managers
"
for
"
ADI statutory managers
"
and
"
specified bodies corporate
"
for
"
specified ADIs
"
, effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA.
(2)
If a Banking Act statutory manager takes control of a body corporate
'
s business during a financial year, or if there is an ultimate termination of control during a financial year, APRA must give the Treasurer a written report within a reasonable time after the end of the financial year concerning activities of all Banking Act statutory managers and each ultimate termination of control that occurred during that financial year.
History
S 16A(2) amended by No 10 of 2018, s 3 and Sch 1 items 200
-
202, by substituting
"
a Banking Act statutory manager
"
for
"
an ADI statutory manager
"
,
"
a body corporate
'
s business
"
for
"
an ADI
'
s business
"
and
"
Banking Act statutory managers
"
for
"
ADI statutory managers
"
, effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA.
(3)
Requirement to publish notices in Gazette
If APRA:
(a)
takes control of a body corporate
'
s business; or
(b)
appoints an administrator of a body corporate
'
s business; or
(c)
makes an ultimate termination of control in respect of a body corporate
'
s business;
APRA must publish notice of that fact in the
Gazette
. However, mere failure to publish such a notice does not affect the validity of the act.
History
S 16A(3) amended by No 10 of 2018, s 3 and Sch 1 item 203, by substituting
"
a body corporate
'
s business
"
for
"
an ADI
'
s business
"
in para (a) to (c), effective 5 March 2018. For application provisions, see note under Subdiv
D
heading of Pt II Div 1BA.