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 11AE   APRA may give notice to ensure that ADI has an authorised NOHC  

(1)  
This section applies if:


(a) a body corporate is a holding company of an ADI; and


(b) the ADI is not a subsidiary of an authorised NOHC.

(2)  
APRA may, by notice in writing to the body corporate, require it to ensure, in accordance with the conditions (if any) specified in the notice, that either of the following occurs:


(a) the body corporate becomes an authorised NOHC of the ADI;


(b) a subsidiary of the body corporate becomes an authorised NOHC of the ADI.

Note:

See Part 4A of the Financial Sector (Transfer and Restructure) Act 1999 for other provisions that deal with a restructure arrangement to make an operating body a subsidiary of a NOHC.

(3)  
The notice may deal with the time by which, or period during which, it is to be complied with.

(4)  
The body corporate has power to comply with the notice despite anything in its constitution or any contract or arrangement to which it is a party.

(5)  
APRA may, by notice in writing to the body corporate, vary the notice mentioned in subsection (2) if, at the time of the variation, it considers that the variation is necessary and appropriate.

(6)  
The notice mentioned in subsection (2) has effect until APRA revokes it by notice in writing to the body corporate. APRA may revoke the notice mentioned in subsection (2) if, at the time of revocation, it considers that the notice is no longer necessary or appropriate.

(7)  
Part VI applies to a decision to give a notice under subsection (2).

(8)  
Section 11CG applies in relation to a notice to a body corporate under subsection (2) in the same way in which it applies to a direction to an ADI under Subdivision B of Division 1BA .

(9)  
However, section 11CG does not apply to a contravention by a body corporate of a requirement in a notice under subsection (2) if:


(a) the contravention happens merely because APRA refuses to grant the body corporate (or its subsidiary) an authority under subsection 11AA(2) ; and


(b) APRA ' s reasons for that refusal do not include the reason that one or more conditions specified in the notice are not satisfied.




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