Banking Act 1959

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

Division 3 - Governance  

SECTION 22   Court power to revoke or vary a disqualification etc  

A disqualified person, or APRA, may apply to the Federal Court of Australia for:

(a) if the person is a disqualified person only because he or she was disqualified under section 21 - a variation or a revocation of the order made under that section; or

(b) otherwise - an order that the person is not a disqualified person.

If the Court revokes an order under paragraph (1)(a) or makes an order under paragraph (1)(b), then, despite section 20 , the person is not a disqualified person .

At least 21 days before commencing proceedings, written notice of the application must be lodged:

(a) if the disqualified person makes the application - by the person with APRA; or

(b) if APRA makes the application - by APRA with the disqualified person.

An order under paragraph (1)(b) may be expressed to be subject to exceptions and conditions determined by the Court.

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