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  

(1)  
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.

(2)  
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 .

(3)  
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.

(4)  
An order under paragraph (1)(b) may be expressed to be subject to exceptions and conditions determined by the Court.




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