Commonwealth Consolidated Acts

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BANKING ACT 1959 - SECT 16AI

Substitution of APRA for account - holder as ADI's creditor

  (1)   When an ADI becomes a declared ADI, then, by force of this subsection, the right of an account - holder who has a protected account with the ADI to be paid an amount by the ADI in connection with the account:

  (a)   is reduced to the extent of the account - holder's entitlement under this Subdivision connected with the account; and

  (b)   to the extent of the reduction, becomes a right of APRA.

  (2)   APRA may exercise or assign a right it has under paragraph   (1)(b).

Note:   Under section   11 of the Australian Prudential Regulation Authority Act 1998 , APRA's property is generally held on behalf of the Commonwealth.



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