Federal Register of Legislation - Australian Government

Primary content

Bookmark

This gazette
Administered by: Treasury
Published Date 03 Jul 2019

Consent to sale or disposal of business of an authorised deposit-taking institution

 

Banking Act 1959

To:    Endeavour Mutual Bank Ltd ABN 43 087 650 011 (the body corporate) 

 

SINCE:

 

A.    the body corporate is an ADI for the purposes of the Banking Act 1959 (the Act); and

B.     the body corporate proposes to enter into an arrangement or agreement for the sale or disposal of its business (by amalgamation or otherwise) to Sydney Credit Union ABN 93 087 650 726, as described in the attached Schedule (the sale or disposal); and

C.     I have taken into account the national interest,

 

 

 

I, Clare Gibney, a delegate of the Treasurer, under subsection 63(1) of the Act, CONSENT to the sale or disposal.

 

Dated: 17 June 2019

 

 

  [Signed]

-----------------------------------------------          

Clare Gibney            

General Manager

Specialised Institutions Division

Interpretation

 

In this Notice

 

APRA means the Australian Prudential Regulation Authority.

ADI is short for authorised deposit-taking institution and has the meaning given in subsection 5(1) of the Act.

foreign ADI has the meaning given in subsection 5(1) of the Act.

 

Note 1      By virtue of subsection 63(2) of the Act, any arrangement, agreement or reconstruction and any such sale or disposal in pursuance of any such arrangement or agreement, entered into without the prior consent of the Treasurer is void and of no effect.  Subsection 63(3) provides that the consent of the Treasurer shall not be unreasonably withheld.

Note 2      Under subsection 63(1AA) of the Act, the Treasurer must arrange for notice of this consent to be published in the Gazette as soon as practicable.


 

Note 3      Under subsection 63(1) of the Act, an ADI, other than a foreign ADI, is guilty of an offence if the ADI enters into an arrangement or agreement for the sale or disposal of its business or for carrying on business in partnership with another ADI, or effects a reconstruction of the ADI, without the Treasurer’s prior consent in writing.  The maximum penalty is 200 penalty units.

Note 4      Under subsection 63(1A) of the Act, an offence against subsection 63(1) of the Act is an indictable offence.

Note 5      Under paragraph 63(5)(a) of the Act, the Treasurer may, in writing, delegate all or any of his or her powers under subsection 63 to APRA, an APRA member or an APRA staff member


Schedule

 

 

An arrangement for the voluntary total transfer of business under the Financial Sector (Transfer and Restructure) Act 1999.