Banking Act 1959

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

Division 2A - Auditors of ADIs and authorised NOHCs and their subsidiaries  

SECTION 16B   Auditors to give information to APRA on request   Duty to give information when required

(1)  


APRA may, by notice in writing, require a person who is, or has been, an auditor of:


(a) an ADI; or


(b) an authorised NOHC; or


(c) a subsidiary of an ADI or authorised NOHC; or


(d) if an ADI is a subsidiary of a foreign corporation (whether or not the ADI is itself a foreign ADI):


(i) another subsidiary (a relevant Australian-incorporated subsidiary ) of the foreign corporation (other than a body mentioned in paragraph (a), (b) or (c)), being a subsidiary that is incorporated in Australia; or

(ii) another subsidiary (a relevant foreign-incorporated subsidiary ) of the foreign corporation (other than a body mentioned in paragraph (a), (b) or (c)), being a subsidiary that is not incorporated in Australia and carries on business in Australia;

to provide information, or to produce books, accounts or documents, to APRA about the ADI, authorised NOHC, subsidiary of the ADI or authorised NOHC, or relevant Australian-incorporated subsidiary, or about the Australian operations of the relevant foreign-incorporated subsidiary, if APRA considers that the provision of the information, or the production of the books, accounts or documents, will assist APRA in performing its functions under this Act.

(1A)  


A person commits an offence if:


(a) under subsection (1), APRA requires the person to provide information or to produce books, accounts or documents; and


(b) the person fails to comply with the requirement.


(c) (Repealed by No 154 of 2007)

Penalty: Imprisonment for 6 months.

Note 1:

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

Note 2:

Subsection 4B(2) of the Crimes Act 1914 allows a court to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine a court may impose is worked out as provided in that subsection.

Note 3:

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 maximum fine worked out as mentioned in Note 2.

(2)  
(Repealed by No 154 of 2007)

(3)  
(Repealed by No 154 of 2007)

(4)  
(Repealed by No 154 of 2007)

(4A)  
(Repealed by No 154 of 2007)

(4B)  
(Repealed by No 154 of 2007)

(4C)  
(Repealed by No 154 of 2007)

Self-incrimination

(5)  
(Repealed by No 154 of 2007)

(6)  
(Repealed by No 154 of 2007)

(7)  
(Repealed by No 154 of 2007)




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.