Commonwealth Consolidated Acts

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FINANCIAL SECTOR (SHAREHOLDINGS) ACT 1998 - SECT 3

Definitions

    In this Act, unless the contrary intention appears:

"100% subsidiary" has the same meaning as in the Income Tax Assessment Act 1997 .

"agreement" means any agreement, whether formal or informal and whether express or implied.

"APRA" means the Australian Prudential Regulation Authority.

"assets threshold" has the meaning given by subsections   14A(6) and (7).

"Australia" , when used in a geographical sense, includes the external Territories.

"authorised deposit-taking institution" has the same meaning as in the Banking Act 1959 .

"authorised insurance company" means:

  (a)   a company authorised under the Insurance Act 1973 to carry on insurance business; or

  (b)   a company registered under section   21 of the Life Insurance Act 1995 .

"civil penalty provision" has the same meaning as in the Regulatory Powers Act.

"company" means a body corporate.

"Federal Court" means the Federal Court of Australia.

"financial sector company" means:

  (a)   an authorised deposit - taking institution; or

  (b)   an authorised insurance company; or

  (c)   a holding company of a company covered by paragraph   ( a) or (b).

"holding company" has the meaning given by section   4.

"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .

"relevant licensed company" , in relation to an approval under paragraph   14(1)(b), means the company to which subsection   14A(3) or (4) applied in granting the approval.

"rules" means rules made under subsection   45A(1).

"scheme" means:

  (a)   any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and

  (b)   any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

"total resident assets" has the meaning given by subsection   14A(5).

"unacceptable shareholding" situation has the meaning given by section   10.

Note:   Schedule   1 sets out definitions of expressions used in Part   2 (which deals with restrictions on shareholdings).



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