Federal Register of Legislation - Australian Government

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This instrument updates the standing acting arrangements for the Australian Prudential Regulation Authority.
Administered by: Treasury
Registered 28 Jun 2022
Start Date 18 Jun 2022

Commonwealth Coat of Arms

 

Australian Prudential Regulation Authority (Standing Acting Arrangements) Appointment 2021

made under the Australian Prudential Regulation Authority Act 1998

Compilation No. 1

Compilation date:         18 June 2022

Includes amendments up to:               Australian Prudential Regulation Authority (Standing Acting Arrangements) Amendment Appointment 2022

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by The Treasury

About this compilation

        

This compilation

This is a compilation of the Australian Prudential Regulation Authority (Standing Acting Arrangements) Appointment 2021 that shows the text of the law as amended and in force on 18 June 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 


Contents

Part 1—Preliminary                                                                                                      1

1  Name........................................................................................................................................ 1

3  Authority.................................................................................................................................. 1

5  Definitions................................................................................................................................ 1

Part 2—Standing acting arrangements for APRA                                                    2

6  Standing acting arrangements for Chair of the APRA.............................................................. 2

7  Standing acting arrangements for Deputy Chair of the APRA................................................. 2

Endnotes                                                                                                                         4

Endnote 1—About the endnotes                                                                               4

Endnote 2—Abbreviation key                                                                                   5

Endnote 3—Legislation history                                                                                 6

Endnote 4—Amendment history                                                                               7

 


Part 1Preliminary

  

1  Name

                   This instrument is the Australian Prudential Regulation Authority (Standing Acting Arrangements) Appointment 2021.

3  Authority

                   This instrument is made under the Australian Prudential Regulation Authority Act 1998.

5  Definitions

Note:       Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Australian Prudential Regulation Authority Act 1998 as in force from time to time.

                   In this instrument:

senior available appointee has the meaning given by subsection 6(2).

the Act means the Australian Prudential Regulation Authority Act 1998.


Part 2Standing acting arrangements for APRA

  

6  Standing acting arrangements for Chair of the APRA

             (1)  Under subsection 19(2) of the Act, during all periods when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the functions of his or her office, the person determined in accordance with subsections (2), (3) and (4) is appointed to act as Chair.

             (2)  For the purposes of this instrument, the senior available appointee at a particular time is the person who, at that time, is an APRA member, is not absent from duty or from Australia and is highest in the following list:

                     (a)  Helen Rowell;

                     (b)  John Lonsdale;

                     (c)  Margaret Cole.

             (3)  The senior available appointee at the start of a period when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the functions of his or her office, is to act as Chair during that period.

             (4)  However, if a person who is acting as Chair during a period (under subsection (3) or a previous application of this subsection) ceases at a particular time to be the senior available appointee, the senior available appointee at that time is to act as Chair during the remainder of that period.

             (5)  Under subsection 33A(1) of the Acts Interpretation Act 1901, each appointment under subsection (1) is determined to be on the same terms and conditions that apply to the Chair under sections 22 and 23 of the Act.


7  Standing acting arrangements for Deputy Chair of the APRA

             (1)  Under subsection 19(3) of the Act, during all periods when a Deputy Chair is absent from duty or from Australia, acting as Chair, or is, for any reason, unable to perform the functions of his or her office, the person determined in accordance with subsections (2), (3) and (4) is appointed to act as Deputy Chair.

             (2)  For the purposes of this instrument, the next available appointee at a particular time is the person who, at that time, is an APRA member, is not absent from duty or from Australia, not acting as Chair under section 6, and is highest in the following list:

                     (a)  Margaret Cole.

             (3)  The next available appointee at the start of a period when the Deputy Chair is absent from duty or from Australia, acting as Chair or is, for any reason, unable to perform the functions of his or her office, is to act as Deputy Chair during that period.

             (4)  However, if a person who is acting as Deputy Chair during a period (under subsection (3) or a previous application of this subsection) ceases at a particular time to be the next available appointee, the next available appointee at that time is to act as Deputy Chair during the remainder of that period.

             (5)  Under subsection 33A(1) of the Acts Interpretation Act 1901, each appointment under subsection (1) is determined to be on the same terms and conditions that apply to the Deputy Chair under sections 22 and 23 of the Act.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Australian Prudential Regulation Authority (Standing Acting Arrangements) Appointment 2021

28 September 2021

(F2021N00242)

29 September 2021

Australian Prudential Regulation Authority (Standing Acting Arrangements) Amendment Appointment 2022

17 June 2022

(F2022N00141)

18 June 2022

 

 

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

section 2

rep s48D LA

section 4

rep s48C LA

section 7

ad F2022N00141

Schedule 1

rep s48C LA