Banking Act 1959

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  

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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 14DAA   Administrator in control - additional duties where action may affect financial system stability in Australia  

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(1)    

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If an administrator of a body corporate ' s business has reasonable cause to believe that an action that the administrator proposes to take is an action that is likely to have a detrimental effect on financial system stability in Australia, the administrator must:

(a) notify APRA as soon as practicable; and

(b) obtain APRA ' s written consent before taking the action.

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History

S 14DAA(1) amended by No 10 of 2018, s 3 and Sch 1 item 159, 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.

(2)    
The administrator is not required to comply with subsection (1) if the administrator is satisfied that it is not reasonably practicable to do so, having regard to urgency or other similar constraint.

(3)    
The performance of a function or the exercise of a power by an administrator is not invalid merely because of a failure by the administrator to comply with this section.

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History

S 14DAA inserted by No 105 of 2008, s 3 and Sch 2 item 14, applicable to an administrator of an ADI ' s business appointed on or after 18 October 2008.

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