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 B
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Provisions dealing with control of a body corporate
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s business by a Banking Act statutory manager
Section 440B of the Corporations Act 2001 applies during a period in which a Banking Act statutory manager is in control of a body corporate ' s business in the same way it applies during the administration of a company. (2)
For the purposes of this section, treat the reference in paragraph 440B(2)(a) of the Corporations Act 2001 to the administrator ' s written consent as being a reference to:
(a) the Banking Act statutory manager ' s written consent; or
(b) APRA ' s written consent. (3)
Neither APRA nor a Banking Act statutory manager is liable to an action or other proceedings for damages in respect of a refusal to give consent as mentioned in subsection (2). (4)
This section applies despite sections 15B , 15BA and 15BB . (5)
This section has effect subject to section 31B .
SECTION 15BC
Moratorium
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restrictions on exercise of third party property rights
(1)
Section 440B of the Corporations Act 2001 applies during a period in which a Banking Act statutory manager is in control of a body corporate ' s business in the same way it applies during the administration of a company. (2)
For the purposes of this section, treat the reference in paragraph 440B(2)(a) of the Corporations Act 2001 to the administrator ' s written consent as being a reference to:
(a) the Banking Act statutory manager ' s written consent; or
(b) APRA ' s written consent. (3)
Neither APRA nor a Banking Act statutory manager is liable to an action or other proceedings for damages in respect of a refusal to give consent as mentioned in subsection (2). (4)
This section applies despite sections 15B , 15BA and 15BB . (5)
This section has effect subject to section 31B .
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