Banking Act 1959

Part II - Provisions relating to the carrying on of banking business  

Division 1 - Authority to carry on banking business  

SECTION 8   Only the Reserve Bank and bodies corporate that are ADIs may carry on banking business  

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(1)    

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A body corporate commits an offence if:

(a) the body corporate carries on any banking business in Australia; and

(b) the body corporate is not the Reserve Bank; and

(c) the body corporate is not an ADI; and

(d) there is no determination in force under section 11 that this subsection does not apply to the body corporate.

Penalty: 200 penalty units.

Note 1 :

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

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Note 2 :

If a body corporate is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.

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History

S 8(1) amended by No 82 of 2010 (as amended by No 136 of 2012), s 3 and Sch 6 item 3, by substituting " Penalty " for " Maximum penalty " in the penalty, effective 27 July 2010.

S 8(1) amended by No 154 of 2007, s 3 and Sch 1 item 10, by substituting " determination in force under section 11 " for " order in force under section 11 determining " in para (d), effective 24 September 2007.

(2)    
An offence against subsection (1) is an indictable offence.

(3)    

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If a body corporate carries on banking business in circumstances that give rise to the body corporate committing an offence against subsection (1), the body corporate commits an offence against that subsection in respect of:

(a) the first day on which the offence is committed; and

(b) each subsequent day (if any) on which the circumstances that gave rise to the body corporate committing the offence continue (including the day of conviction for any such offence or any later day).

Note:

This subsection is not intended to imply that section 4K of the Crimes Act 1914 does not apply to offences against this Act or the regulations.

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