Banking Act 1959

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

Division 1AA - Authority to be a NOHC of an ADI  

SECTION 11AA   Authority to be a NOHC  

(1)  
A body corporate may apply in writing to APRA for an authority under this section. The authority operates as an authority in relation to the body corporate and any ADIs that are subsidiaries of the body corporate from time to time.

Note 1:

The body corporate may want the authority:

  • (a) because APRA refuses or may refuse to grant a subsidiary of the body corporate a section 9 authority unless the body corporate holds a NOHC authority (see subsection 9(3A) ); or
  • (b) for a purpose connected with the Financial Sector (Shareholdings) Act 1998 .
  • Note 2:

    The body corporate may also need to consider the implications of the Foreign Acquisitions and Takeovers Act 1975 and the Financial Sector (Shareholdings) Act 1998 .

    (1A)  


    APRA may, by legislative instrument, set criteria for the granting of an authority under this section.

    (2)  
    APRA may grant the authority if it considers it is appropriate to do so.

    Note:

    For APRA ' s power to revoke the authority, see section 11AB .

    (3)  


    If APRA grants an authority under subsection (2), APRA must cause notice of that authority to be published in the Gazette . APRA may also cause notice of that authority to be published in any other way it considers appropriate.

    (4)  


    A failure to comply with subsection (3) does not affect the validity of the authority.

    (5)  


    Part VI applies to a decision to refuse an application under this section.

    (5A)  
    (Repealed by No 10 of 2018)

    (5B)  
    (Repealed by No 10 of 2018)

    (6)  
    (Repealed by No 10 of 2018)

    (7)  
    (Repealed by No 10 of 2018)

    (8)  
    (Repealed by No 10 of 2018)




    This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.