Banking exemption No. 2 of 2011

I, Charles Watts Littrell, a delegate of APRA, under subsection 11(4) of the Banking Act 1959 (the Act) and under subsection 33(3) of the Acts Interpretation Act 1901 VARY Banking exemption No.1 of 2011 (the existing instrument) as follows:

(a)                In Schedule 1 of the existing instrument, the reference to ‘Adelaide Synod Trust Fund’ is varied to read ‘Anglican Funds - South Australia’; and

(b)               In Schedule 1 of the existing instrument, the reference to ‘Baptist Investments & Finance Limited’ is varied to read ‘Baptist Financial Services Australia Limited’; and

(c)                In Schedule 1 of the existing instrument, the reference to ‘Uniting Growth Fund Limited’ is varied to read ‘UCA Funds Management Limited’; and

(d)               In Schedule 1 of the existing instrument, an additional fund ‘The Properties Corporation of the Churches of Christ’ is added after ‘The Corporate Trustees of the Diocese of Grafton – Grafton Diocese Investment Fund’.

This instrument comes into effect when it is registered on FRLI.

Dated 22 July 2011

[signed]

Charles Littrell

Executive General Manager

Policy, Research and Statistics

APRA

Interpretation

In this Notice

APRA means the Australian Prudential Regulation Authority.

FRLI means the Federal Register of Legislative Instruments established under the Legislative Instruments Act 2003.

Note 1      Under subsection 11(1) of the Act, APRA may, in writing, determine that any or all of the provisions of the Act referred to in paragraphs 11(1)(a) to (e) do not apply to a person while the determination is in force.

Note 2    Under subsection 11(2) of the Act, an order under subsection 11(2) may be expressed to apply to a particular person or to a class of persons, may specify the period during which the order remains in force and may be made subject to conditions.

Note 3    Under subsection 11(3) of the Act, a person is guilty of an offence if the person does or fails to do an act and doing or failing to do that act results in a contravention of a condition to which an order under section 11 is subject (being an order that is in force and that applies to the person). The maximum penalty is 200 penalty units or, by virtue of subsection 4B(3) of the Crimes Act 1914 in the case of a body corporate, a penalty not exceeding 1,000 penalty units. By virtue of subsection 11(3A) of the Act, an offence against subsection 11(3) is an indictable offence. Under subsection 11(3B) of the Act, if a person commits an offence against subsection 11(3), the person is guilty of an offence against that subsection in respect of the first day on which the offence is committed and each subsequent day (if any) on which the circumstances that gave rise to the person committing the offence continue (including the day of conviction for any such offence or any later day).

Note 4    Under subsection 11(4) of the Act, APRA may, in writing, vary or revoke an order under section 11.