Federal Register of Legislation - Australian Government

Primary content

Banking exemption No. 4 of 2011

Authoritative Version
  • - F2011L02078
  • No longer in force
No. 4 of 2011 Exemptions as made
This Exemption amends the Banking exemption No. 1 of 2011 by including an additional fund.
Administered by: Treasury
Registered 17 Oct 2011
Tabling HistoryDate
Tabled HR31-Oct-2011
Tabled Senate31-Oct-2011
Date of repeal 09 Aug 2013
Repealed by Treasury (Spent and Redundant Instruments) Repeal Regulation 2013

Banking exemption No. 4 of 2011

Banking Act 1959

 

I, Keith Chapman, 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 made on 17 June 2011, as varied (the existing instrument) as follows:

 

 

(a)                In Schedule 1 of the existing instrument, an additional fund ‘The Churches of Christ Property Trust’ is added after ‘The Baptist Union of Queensland’.

 

This instrument has effect from the date of registration of this instrument on the Federal Register of Legislative Instruments.

Dated 11 October 2011

 

 

[Signed]

 

 

Keith Chapman

Executive General Manager

Supervisory Support Division


Interpretation

In this Notice

APRA means the Australian Prudential Regulation Authority.

 

 

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, a determination 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 a determination under section 11 is subject (being a determination 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 a determination under section 11.