Commonwealth Consolidated Acts

BANKING ACT 1959 - SECT 13C

Conditions necessary for termination of control

  (1)   If APRA assumes control of a body corporate's business or appoints an administrator of a body corporate's business, APRA must ensure that either it or an administrator of the body corporate's business has control of the body corporate's business until:

  (a)   APRA considers that it is no longer necessary for it or an administrator to remain in control of the body corporate's business; or

  (b)   APRA has applied for the body corporate to be wound up.

A termination of control that is permitted under this section is called an ultimate termination of control .

Note:   This provision does not prevent a change, or changes, between control of a body corporate's business by APRA and an administrator or between administrators.

Events to precede termination

  (2)   Before making an ultimate termination of control by a Banking Act statutory manager of a body corporate's business, APRA must:

  (a)   ensure that directors of the body corporate have been appointed or elected under the body corporate's constitution at a meeting called by the Banking Act statutory manager in accordance with the body corporate's constitution; or

  (b)   appoint directors of the body corporate by instrument in writing; or

  (c)   ensure that a liquidator for the body corporate has been appointed.

Power to terminate control

  (3)   If the requirements in subsections   (1) and (2) are satisfied, APRA may by instrument in writing make an ultimate termination of control of a body corporate's business by a Banking Act statutory manager.

  (4)   If the Banking Act statutory manager at the time of the termination is an administrator, the instrument of termination also operates as a termination of the appointment of the administrator. A copy of the instrument must be given to the administrator. However, mere failure to give the copy to the administrator does not affect the termination of the appointment.

Period of director's appointment

  (5)   If a director is elected or appointed under subsection   (2), the director takes office on the termination of the Banking Act statutory manager's control of the body corporate's business. If the director was appointed by APRA, the director holds office until the body corporate's next annual general meeting, subject to any terms and conditions imposed by APRA on the director's appointment. If the director was appointed or elected under the body corporate's constitution, the constitution governs the appointment.

Note:   For further information about what happens when a Banking Act statutory manager is in control of a body corporate's business, see Subdivision B.