Banking Act 1959
Part II
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Provisions relating to the carrying on of banking business
Division 2
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Protection of depositors
Subdivision AA
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Recapitalisation directions by APRA
SECTION 13P
Supply of information about issue and revocation of recapitalisation directions
Power to publish notice of recapitalisation directions in Gazette
(1)
APRA may publish in the Gazette notice of a recapitalisation direction.
(2)
The notice must include:
(a) the name of the ADI that is given the direction; and
(b) a summary of the direction.
Requirement to publish notice of revocation of certain recapitalisation directions in Gazette
(3)
If APRA publishes notice of a recapitalisation direction and later revokes the direction, APRA must publish in the Gazette notice of that revocation as soon as practicable after the revocation.
(4)
Failure to publish notice of the revocation does not affect the validity of the revocation.
Requirement to provide information about recapitalisation direction to Minister and Reserve Bank
(5)
If the Minister or the Reserve Bank requests APRA to provide information about:
(a) any recapitalisation directions in respect of a particular ADI; or
(b) any recapitalisation directions made during a specified period in respect of any ADIs;
Power to inform Minister and Reserve Bank of recapitalisation direction
(6)
APRA may provide any information that APRA considers appropriate to the Minister or the Reserve Bank about any recapitalisation directions, or revocations of recapitalisation directions, in respect of any ADI, at any time.
Requirement to inform Minister and Reserve Bank of revocation of recapitalisation direction if informed of making of direction
(7)
If APRA:
(a) provides the Minister or the Reserve Bank with information about a recapitalisation direction; and
(b) later revokes the direction;
(8)
Failure to notify the person does not affect the validity of the revocation.
(9)
(Repealed by No 10 of 2018)
View history note
Hide history notePower to publish notice of recapitalisation directions in Gazette
(1)
APRA may publish in the Gazette notice of a recapitalisation direction.
(2)
The notice must include:
(a) the name of the ADI that is given the direction; and
(b) a summary of the direction.
Requirement to publish notice of revocation of certain recapitalisation directions in Gazette
(3)
If APRA publishes notice of a recapitalisation direction and later revokes the direction, APRA must publish in the Gazette notice of that revocation as soon as practicable after the revocation.
(4)
Failure to publish notice of the revocation does not affect the validity of the revocation.
Requirement to provide information about recapitalisation direction to Minister and Reserve Bank
(5)
If the Minister or the Reserve Bank requests APRA to provide information about:
(a) any recapitalisation directions in respect of a particular ADI; or
(b) any recapitalisation directions made during a specified period in respect of any ADIs;
APRA must comply with the request.
Power to inform Minister and Reserve Bank of recapitalisation direction
(6)
APRA may provide any information that APRA considers appropriate to the Minister or the Reserve Bank about any recapitalisation directions, or revocations of recapitalisation directions, in respect of any ADI, at any time.
Requirement to inform Minister and Reserve Bank of revocation of recapitalisation direction if informed of making of direction
(7)
If APRA:
(a) provides the Minister or the Reserve Bank with information about a recapitalisation direction; and
(b) later revokes the direction;
APRA must notify that person of the revocation of the direction as soon as practicable after the revocation.
(8)
Failure to notify the person does not affect the validity of the revocation.
(9)
(Repealed by No 10 of 2018)
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