Banking Act 1959

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

Division 1BA - APRA's power to issue directions  

Subdivision C - General provisions relating to all directions  

SECTION 11CG   Non-compliance with a direction  

(1)  


An ADI, authorised NOHC or other body corporate commits an offence if:


(a) it does, or fails to do, an act; and


(b) doing, or failing to do, the act results in a contravention of a direction given to it under Subdivision A or B or section 17 , 23 , 29 or 37DB .


(c) (Repealed by No 154 of 2007)

Penalty: 50 penalty units.

Note 1:

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

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.

(1A)  


If an ADI, authorised NOHC or other body corporate does or fails to do an act in circumstances that give rise to the ADI, NOHC or other body corporate committing an offence against subsection (1), the ADI, NOHC or other 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 ADI, NOHC or other 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.

(2)  


An officer of an ADI, authorised NOHC or other body corporate commits an offence if:


(a) the officer fails to take reasonable steps to ensure that the ADI, NOHC or other body corporate complies with a direction given to it under Subdivision A or B or section 17 , 23 , 29 or 37DB ; and


(b) the officer ' s duties include ensuring that the ADI, NOHC or other body corporate complies with the direction, or with a class of directions that includes the direction.


(c) (Repealed by No 154 of 2007)

Penalty: 50 penalty units.

Note 1:

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

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.

(2A)  


If an officer of an ADI, authorised NOHC or other body corporate fails to take reasonable steps to ensure that the ADI, NOHC or other body corporate complies with a direction given to it under Subdivision A or B or section 17 , 23 , 29 or 37DB in circumstances that give rise to the officer committing an offence against subsection (2), the officer 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 officer 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.

(3)  


In this section, officer has the meaning given by section 9 of the Corporations Act 2001 .



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