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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Financial Regulator Assessment
Authority (Consequential Amendments
and Transitional Provisions) Bill 2021
No. , 2021
(Treasury)
A Bill for an Act to deal with consequential and
transitional matters in connection with the
Financial Regulator Assessment Authority Act 2021
,
and for related purposes
No. , 2021
Financial Regulator Assessment Authority (Consequential Amendments
and Transitional Provisions) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Australian Prudential Regulation Authority Act 1998
3
Australian Securities and Investments Commission Act 2001
4
Banking Act 1959
5
Insurance Act 1973
5
Life Insurance Act 1995
6
Part 2--Other amendments
7
Australian Prudential Regulation Authority Act 1998
7
Australian Securities and Investments Commission Act 2001
7
No. , 2021
Financial Regulator Assessment Authority (Consequential Amendments
and Transitional Provisions) Bill 2021
1
A Bill for an Act to deal with consequential and
1
transitional matters in connection with the
2
Financial Regulator Assessment Authority Act 2021
,
3
and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Financial Regulator Assessment Authority
7
(Consequential Amendments and Transitional Provisions)
Act
8
2021
.
9
2
Financial Regulator Assessment Authority (Consequential Amendments
and Transitional Provisions) Bill 2021
No. , 2021
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) the commencement of the
Financial
Regulator Assessment Authority Act
2021
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Schedules
13
Legislation that is specified in a Schedule to this Act is amended or
14
repealed as set out in the applicable items in the Schedule
15
concerned, and any other item in a Schedule to this Act has effect
16
according to its terms.
17
Amendments
Schedule 1
Main amendments
Part 1
No. , 2021
Financial Regulator Assessment Authority (Consequential Amendments
and Transitional Provisions) Bill 2021
3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Australian Prudential Regulation Authority Act 1998
3
1 Subsection 56(1)
4
Insert:
5
Financial Regulator Assessment Authority official
means an
6
entrusted person within the meaning of the
Financial Regulator
7
Assessment Authority Act 2021
.
8
2 Paragraph 56(2)(c)
9
After "(6),", insert "(6AA), (6AB),".
10
3 After subsection 56(6)
11
Insert:
12
(6AA) It is not an offence if the disclosure of protected information or the
13
production of a protected document is to a Financial Regulator
14
Assessment Authority official for the purposes of the performance
15
of the Financial Regulator Assessment Authority's functions or the
16
exercise of the Financial Regulator Assessment Authority's
17
powers.
18
Note:
A defendant bears an evidential burden in relation to the matters in
19
subsection (6AA) (see subsection 13.3(3) of the
Criminal Code
).
20
(6AB) It is not an offence if:
21
(a) the disclosure of protected information or the production of a
22
protected document is by a person who is or has been a
23
Financial Regulator Assessment Authority official; and
24
(b) the person acquired the information or accessed the
25
document in the course of the person's duties in relation to
26
the Financial Regulator Assessment Authority.
27
Note 1:
A defendant bears an evidential burden in relation to the matters in
28
subsection (6AB) (see subsection 13.3(3) of the
Criminal Code
).
29
Schedule 1
Amendments
Part 1
Main amendments
4
Financial Regulator Assessment Authority (Consequential Amendments
and Transitional Provisions) Bill 2021
No. , 2021
Note 2:
Division 3 of Part 4 of the
Financial Regulator Assessment Authority
1
Act 2021
deals with disclosure of information by Financial Regulator
2
Assessment Authority officials.
3
4 After subsection 56(8)
4
Insert:
5
(8A) However, subsection (8) does not prevent a person who is, or has
6
been, a Financial Regulator Assessment Authority official from
7
being required to disclose, or produce a document containing,
8
protected information (within the meaning of the
Financial
9
Regulator Assessment Authority Act 2021
) when it is necessary to
10
do so for the purposes of that Act.
11
5 After subsection 56(9)
12
Insert:
13
(9A) Subsection (9) does not apply if the information is disclosed, or the
14
document is produced, in accordance with subsection (6AA) or
15
(6AB).
16
6 Paragraph 56(12)(a)
17
After "(6),", insert "(6AA),".
18
Australian Securities and Investments Commission Act 2001
19
7 After paragraph 127(2A)(b)
20
Insert:
21
(ba) the Financial Regulator Assessment Authority;
22
8 In the appropriate position
23
Insert:
24
Amendments
Schedule 1
Main amendments
Part 1
No. , 2021
Financial Regulator Assessment Authority (Consequential Amendments
and Transitional Provisions) Bill 2021
5
Part 34--Application provision relating to
1
Schedule 1 to the Financial Regulator
2
Assessment Authority (Consequential
3
Amendments and Transitional Provisions)
4
Act 2021
5
6
333 Application--confidentiality
7
The amendment of section 127 made by Part 1 of Schedule 1 to the
8
Financial Regulator Assessment Authority (Consequential
9
Amendments and Transitional Provisions)
Act 2021
applies in
10
relation to any use or disclosure of information after the
11
commencement of that Part, whether ASIC obtained the
12
information before or after that commencement.
13
Banking Act 1959
14
9 After subparagraph 11CM(1)(a)(ii)
15
Insert:
16
(iia) a Financial Regulator Assessment Authority official
17
(within the meaning of that subsection); or
18
Insurance Act 1973
19
10 After subparagraph 109E(1)(a)(ii)
20
Insert:
21
(iia) a Financial Regulator Assessment Authority official
22
(within the meaning of that subsection); or
23
11 Paragraph 109E(1)(c)
24
After "(6),", insert "(6AA), (6AB),".
25
Schedule 1
Amendments
Part 1
Main amendments
6
Financial Regulator Assessment Authority (Consequential Amendments
and Transitional Provisions) Bill 2021
No. , 2021
Life Insurance Act 1995
1
12 After subparagraph 231E(1)(a)(ii)
2
Insert:
3
(iia) a Financial Regulator Assessment Authority official
4
(within the meaning of that subsection); or
5
13 Paragraph 231E(1)(c)
6
After "(6),", insert "(6AA), (6AB),".
7
14 Application of amendments
8
The amendments of the
Australian Prudential Regulation Authority Act
9
1998
, the
Banking Act 1959
, the
Insurance Act 1973
and the
Life
10
Insurance Act 1995
made by this Part apply in relation to:
11
(a) any disclosure of information after the commencement of this
12
item, whether the information was disclosed or obtained
13
under, or for the purposes of, a prudential regulation
14
framework law before or after that commencement; and
15
(b) any production of a document after the commencement of
16
this item, whether the document was given or produced
17
under, or for the purposes of, a prudential regulation
18
framework law before or after that commencement.
19
Amendments
Schedule 1
Other amendments
Part 2
No. , 2021
Financial Regulator Assessment Authority (Consequential Amendments
and Transitional Provisions) Bill 2021
7
Part 2--Other amendments
1
Australian Prudential Regulation Authority Act 1998
2
15 At the end of section 55B
3
Add:
4
(6) If the Chair makes a determination under subsection (4), the Chair
5
must give the following to the Financial Regulator Assessment
6
Authority as soon as practicable:
7
(a) a copy of the determination;
8
(b) a written statement of the reasons why the Chair made the
9
determination.
10
16 Transitional provision
--determinations made before
11
commencement
12
If the Chair makes a determination under subsection 55B(4) of the
13
Australian Prudential Regulation Authority Act 1998
before the
14
commencement of this Part, the Chair must give the following to the
15
Financial Regulator Assessment Authority as soon as practicable after
16
the commencement of this Part:
17
(a) a copy of the determination;
18
(b) a written statement of the reasons why the Chair made the
19
determination.
20
Australian Securities and Investments Commission Act 2001
21
17 At the end of section 122C
22
Add:
23
(6) If the Chairperson makes a determination under subsection (4), the
24
Chairperson must give the following to the Financial Regulator
25
Assessment Authority as soon as practicable:
26
(a) a copy of the determination;
27
(b) a written statement of the reasons why the Chairperson made
28
the determination.
29
Schedule 1
Amendments
Part 2
Other amendments
8
Financial Regulator Assessment Authority (Consequential Amendments
and Transitional Provisions) Bill 2021
No. , 2021
18 Transitional provision
--determinations made before
1
commencement
2
If the Chairperson makes a determination under subsection 122C(4) of
3
the
Australian Securities and Investments Commission Act 2001
before
4
the commencement of this Part, the Chairperson must give the
5
following to the Financial Regulator Assessment Authority as soon as
6
practicable after the commencement of this Part:
7
(a) a copy of the determination;
8
(b) a written statement of the reasons why the Chairperson made
9
the determination.
10