Banking Act 1959

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

Division 2AA - Financial claims scheme for account-holders with insolvent ADIs  

Subdivision D - Administration  

SECTION 16AK   Obtaining information relevant to determining and paying entitlements  

(1)  


APRA may, by written notice given to:


(a) an ADI (whether or not it is a declared ADI); or


(b) an administrator appointed under subsection 13A(1) to take control of an ADI ' s business; or


(c) a liquidator appointed in connection with the winding up, or proposed winding up, of an ADI; or


(d) any other person;

require the ADI, administrator, liquidator or other person to give a specified person specified information about an account-holder relevant to one or more of the actions described in subsection (4) in a specified way within a reasonable specified time for the person to use in taking one or more of those actions.

Note:

APRA may amend or vary the requirement in writing: see subsection 33(3) of the Acts Interpretation Act 1901 .

(2)  
The person specified in the requirement must be one of the following:


(a) APRA;


(b) an APRA member whose duties relate to an action described in subsection (4);


(c) an APRA staff member whose duties relate to an action described in subsection (4).


(d) (Repealed by No 82 of 2010)


(e) (Repealed by No 82 of 2010)

(3)  
The information specified in the requirement may be or include either or both of the following:


(a) personal information about the account-holder (if he or she is an individual);


(b) the tax file number (as defined in section 202A of the Income Tax Assessment Act 1936 ) of the account-holder.

This does not limit the information that may be specified in the requirement.

(4)  
The actions are as follows:


(a) identifying an account-holder who may have an entitlement under Subdivision C ;


(b) determining whether an account-holder has an entitlement under Subdivision C ;


(c) determining the amount of an entitlement under Subdivision C ;


(d) meeting an entitlement under Subdivision C ;


(e) establishing an account under section 16AH on behalf of an account-holder with an entitlement under Subdivision C ;


(ea) preparing or giving a statement required by section 16AHA ;


(eb) complying with an obligation under a law relating to taxation;


(f) making a disclosure required by section 16AT in connection with the establishment of an account under section 16AH by APRA on behalf of an account-holder with an entitlement under Subdivision C ;


(g) assessing whether and how information could be provided by an ADI (or a liquidator of the ADI, if one is appointed) to enable the actions described in paragraphs (a), (b), (c), (d), (e), (ea), (eb) and (f) to be taken if the ADI were to become a declared ADI.

(5)  
Subsection (1) does not apply in relation to a foreign ADI.

(6)  
This section does not limit section 16AJ .




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