Advisory Council for Inter-government Relations Act 1976
1 Subsection 2(1)
Insert:
ADI (authorised deposit-taking institution) means:
(b) the Reserve Bank of Australia; or
(c) a bank incorporated under a law of a State.
Repeal the definition.
3 Subsection 16F(1)
Omit "an approved bank or approved banks", substitute "an ADI or ADIs".
Omit "approved bank", substitute "ADI".
Anglo-Australian Telescope Agreement Act 1970
5 Subsection 12(1)
Omit "approved bank or approved banks", substitute "ADI or ADIs".
Repeal the subsection, substitute:
(3) In this section:
ADI (authorised deposit-taking institution) means:
(b) the Reserve Bank of Australia; or
(c) any other bank approved in writing for the purposes of this definition by the Treasurer.
7 Subsection 54(2A) (including the note)
Omit "the Insurance and Superannuation Commissioner" (wherever occurring), substitute "the Australian Securities and Investments Commission".
8 Subsection 54(2A)
Omit "the relevant Commissioner", substitute "the Australian Securities and Investments Commission, or the Commissioner of Taxation, as the case requires".
9 Subsection 54(2A) (note)
Omit "he or she", substitute "the Commission or the Commissioner".
10 Subsection 5(1)
Insert:
ADI (authorised deposit-taking institution) means:
(b) the Reserve Bank of Australia; or
(c) any other bank approved in writing for the purposes of this definition:
(ii) by a person authorised in writing by the Treasurer to give approvals for the purposes of this definition.
Repeal the definition.
12 Subsection 20B(4)
Omit "approved bank or approved banks", substitute "ADI or ADIs".
13 Subsection 20D(1)
Omit "approved bank" (wherever occurring), substitute "ADI".
14 Subsection 20D(4)
Omit "a bank or banks" (wherever occurring), substitute "an ADI or ADIs".
15 Subsection 20D(8) (paragraph (f) of the definition of public securities )
Omit "a bank as defined by subsection 5(1) of the Banking Act 1959 ", substitute "an ADI".
16 Subsection 20E(1)
Omit "a bank or banks", substitute "an ADI or ADIs".
17 Subsection 125(3)
Insert:
bank means an ADI or any other bank.
18 At the end of section 126
Add:
(4) In this section:
banker means an ADI or any other banker.
19 Paragraph 139U(3)(c)
Omit "a bank", substitute "an ADI".
20 Section 168
Omit "banking".
21 At the end of section 169
Add:
(5) In this section:
bank means an ADI or any other bank.
22 Subsection 285(1)
Omit "bank or other person", substitute "institution".
23 Paragraph 285(2)(b)
Omit "bank or building society", substitute "institution".
Broadcasting Services Act 1992
24 Subclause 4(4) of Schedule 1 (paragraph (a) of the definition of authorised lender )
Omit "a bank", substitute "an ADI (authorised deposit-taking institution)".
25 Subsection 3(1) (paragraph (b) of the definition of financial institution )
Repeal the paragraph, substitute:
26 Subsection 3(1) (paragraph (b) of the definition of bank )
Repeal the paragraph, substitute:
27 Section 5
Insert:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
28 Subsections 62(1) and (2)
Omit "bank", substitute " * bank".
29 Subsection 67(1)
Omit "bank", substitute " * bank".
30 Subsection 114(1)
Omit "bank", substitute " * bank".
31 Subsection 119(1)
Omit "bank", substitute " * bank".
Coal Mining Industry (Long Service Leave Funding) Act 1992
32 Subsection 4(1) (definition of approved bank )
Repeal the definition.
33 Subsection 4(1)
Insert:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992
34 At the end of section 7
Add:
(4) In this section:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
Commonwealth Electoral Act 1918
35 Subsection 170(3)
Omit "banker's cheque", substitute "cheque drawn by a bank or other financial institution on itself".
Commonwealth Inscribed Stock Act 1911
36 At the end of section 52A
Add:
(2) In this section:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
37 Subsection 28(1)
Omit "a bank (including an officer of the Reserve Bank Service)", substitute "an ADI or of the Reserve Bank Service".
38 Subsection 28(3)
Repeal the subsection, substitute:
(3) In subsection (1):
ADI (authorised deposit-taking institution) means a body corporate that is an ADI for the purposes of the Banking Act 1959 .
Crimes (Superannuation Benefits) Act 1989
39 Subsection 41(5A) (including the note)
Omit "the Insurance and Superannuation Commissioner" (wherever occurring), substitute "the Australian Securities and Investments Commission".
40 Subsection 41(5A)
Omit "the relevant Commissioner", substitute "the Australian Securities and Investments Commission, or the Commissioner of Taxation, as the case requires".
41 Subsection 41(5A) (note)
Omit "he or she", substitute "the Commission or the Commissioner".
Debits Tax Administration Act 1982
42 Subsection 3(1) (at the end of the definition of bank )
Add:
43 At the end of section 40
Add:
(2) In this section:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991
44 Subsection 6A(6)
Insert:
ADI (authorised deposit-taking institution) means:
(b) the Reserve Bank of Australia.
Omit "a branch in Australia of a bank (within the meaning of the Banking Act 1959 )", substitute "an ADI in Australia".
46 Subsection 6A(6) (paragraph (c) of the definition of notified trust account )
Omit "bank", substitute "ADI".
Farm Household Support Act 1992
47 Subsection 3(1)
Insert the following entry in its appropriate alphabetical position (determined on a letter-by-letter basis):
Financial Corporations (Transfer of Assets and Liabilities) Act 1993
48 Section 3
ADI (authorised deposit-taking institution) means a body corporate that is an ADI for the purposes of the Banking Act 1959 .
49 Section 3
Insert:
ADI authority means an authority under subsection 9(3) of the Banking Act 1959 .
50 Section 3 (definition of banking authority )
Repeal the definition.
51 Section 3
Insert:
eligible foreign ADI means an ADI:
(b) that:
(ii) is or was granted its ADI authority after this Act commenced pursuant to an application made either before, or not later than 3 years after, this Act commenced.
Repeal the definition.
53 Section 3
Insert:
eligible local ADI means a local ADI that was granted its ADI authority on or before 18 June 1993.
54 Section 3 (definition of eligible local bank )
Repeal the definition.
55 Section 3 (definition of eligible subsidiary )
Omit "bank" (wherever occurring), substitute "ADI".
56 Section 3:
Insert:
local ADI means an ADI that is incorporated under a law of the Commonwealth, a State or a Territory relating to companies.
57 Section 3 (definition of local bank )
Repeal the definition.
58 Section 3
Insert:
newly established local ADI means a local ADI that:
(b) is or was granted its ADI authority after this Act commenced pursuant to an application made either before, or not later than 3 years after, this Act commenced.
Repeal the definition.
60 Section 6
Omit "bank" (wherever occurring), substitute "ADI".
61 Section 6
Omit "a banking authority", substitute "an ADI authority".
62 Subsections 7(2), (3), (4) and (5)
Omit "bank" (wherever occurring), substitute "ADI".
63 Paragraphs 7(6)(a) and (7)(a) and (b)
Omit "a banking authority", substitute "an ADI authority".
Financial Transaction Reports Act 1988
64 Subsection 3(1)
Insert:
ADI (authorised deposit-taking institution) means:
(b) the Reserve Bank of Australia; or
(c) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution.
Repeal the definition.
Insert:
banker includes a body corporate that is an ADI.
67 Subsection 3(1) (paragraph (a) of the definition of financial institution )
Repeal the paragraph, substitute:
Omit "A bank", substitute "An ADI".
69 Subsection 15(4)
Omit "the bank", substitute "the ADI".
70 Paragraph 15(5)(a)
Omit "a bank", substitute "an ADI".
71 Subparagraphs 17B(1)(b)(i) and (ii)
Omit "a bank", substitute "an ADI".
72 Section 17C
Repeal the section, substitute:
SECT 17C ADI acting on behalf of another ADI For the purposes of this Division, if:
(b) the second ADI is (whether or not as a result of one or more previous applications of this section) acting on behalf of, or at the request of, a person who is not an ADI;
73 Paragraph 23A(1)(a)
Omit "a bank (the transferor bank )", substitute "an ADI (the transferor ADI )".
Omit "transferor bank by", substitute "transferor ADI by".
75 Paragraph 23A(1)(b)
Omit "another bank (the transferee bank )", substitute "another ADI (the transferee ADI )".
76 Subparagraph 23A(1)(b)(ii) and subsections 23(2), (4), (5) and (6)
Omit "bank" (wherever occurring), substitute "ADI".
Omit "a bank (the transferor bank )", substitute "an ADI (the transferor ADI )".
Omit "the transferor bank by", substitute "the transferor ADI by".
79 Paragraph 23B(1)(c)
Omit "transferor bank", substitute "transferor ADI".
80 Paragraph 23B(1)(c)
Omit "another bank (the transferee bank )", substitute "another ADI (the transferee ADI )".
81 Paragraph 23B(1)(d) and subsections 23B(2), (3), (4) and (5)
Omit "bank" (wherever occurring), substitute "ADI".
82 Subsection 3(1)
Insert:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
Income Tax Assessment Act 1936
83 Subsection 6(1)
Insert:
bank or banker includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
84 Paragraph 16(4)(hc)
Omit "the Insurance and Superannuation Commissioner, for the purpose of the administration of the Superannuation Entities (Taxation) Act 1987 ", substitute "the Australian Prudential Regulation Authority, for the purpose of the administration of the Superannuation (Excluded Funds) Taxation Act 1987 ".
85 Paragraph 16(4)(hca)
Omit "the Insurance and Superannuation Commissioner", substitute "the Australian Prudential Regulation Authority or the Australian Securities and Investments Commission".
86 After paragraph 16(4)(hca)
Insert:
Repeal the paragraph, substitute:
Repeal the paragraph, substitute:
Omit "bank within the meaning of the Banking Act 1959 ", substitute "body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 ".
90 Section 160ZZV (definition of foreign bank )
Omit "foreign bank as defined by subsection 5(1) of the Banking Act 1959 ", substitute "body corporate that is a foreign ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 ".
91 Section 202A (paragraph (b) of the definition of bank )
Repeal the paragraph, substitute:
Omit "(within the meaning of the Banking Act 1959 )".
93 At the end of section 262A
Add:
(6) In this section:
foreign bank means body corporate that is a foreign ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
94 Subsections 275A(2), (4), (5) and (6)
Omit "the Insurance and Superannuation Commissioner", substitute "the Australian Prudential Regulation Authority".
95 Subparagraph 300A(2)(b)(i)
Omit "the Insurance and Superannuation Commissioner", substitute "the Australian Prudential Regulation Authority".
96 Subparagraph 300B(2)(b)(i)
Omit "the Insurance and Superannuation Commissioner", substitute "the Australian Prudential Regulation Authority".
97 Section 317 (paragraph (a) of the definition of AFI )
Repeal the paragraph, substitute:
98 Subsection 3(1)
Insert:
ADI (authorised deposit-taking institution) means a body corporate that is an ADI for the purposes of the Banking Act 1959 .
99 Subsection 3(1)
Insert:
bank or banker includes, but is not limited to, a body corporate that is an ADI.
100 Subsection 3(1) (paragraph (c) of the definition of insurance business )
Omit "a bank within the meaning of the Banking Act 1959 ", substitute "an ADI".
101 Subparagraph 30(1)(d)(ii)
Omit "a bank as defined in subsection 5(1) of the Banking Act 1959 ", substitute "an ADI".
102 Paragraph 30(4A)(a)
Omit "a bank as defined by subsection 5(1) of the Banking Act 1959 ", substitute "an ADI".
103 Subparagraph 49B(1)(b)(iii)
Repeal the subparagraph, substitute:
Repeal the subparagraph, substitute:
Omit "a bank as defined in subsection 5(1) of the Banking Act 1959 ", substitute "an ADI".
106 Paragraph 49E(7)(a)
Omit "a bank as defined in subsection 5(1) of the Banking Act 1959 ", substitute "an ADI".
107 Subsection 119(1)
Omit "a bank within the meaning of the Banking Act 1959 ", substitute "an ADI".
108 Subsection 119(2)
After "A bank", insert "(including an ADI)".
109 Subparagraph 2(1) of the Schedule
Omit "a bank within the meaning of the Banking Act 1959 ", substitute "an ADI".
110 Subparagraph 2(4) of the Schedule
Omit "a bank" (first occurring), substitute "an ADI".
111 Subparagraph 2(4) of the Schedule
Omit "a bank within the meaning of the Banking Act 1959 ", substitute "an ADI".
112 Subparagraph 9(1) of the Schedule
Omit "a bank within the meaning of the Banking Act 1959 ", substitute "an ADI".
113 Subparagraph 9(2) of the Schedule
After "A bank", insert "(including an ADI)".
Insurance (Agents and Brokers) Act 1984
114 Section 9
Insert:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
115 Subsection 26(1A)
Before "includes", insert ", in addition to the meaning it is given in section 9,".
116 Dictionary in the Schedule
Insert:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
Loan (Income Equalization Deposits) Act 1976
117 At the end of section 14
Add:
(2) In this section:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
Management and Investment Companies Act 1983
118 Subsection 3(1)
Insert:
ADI (authorised deposit-taking institution) means:
(b) the Reserve Bank of Australia; or
(c) any other bank constituted by a law of a State or internal Territory.
Repeal the definition.
120 Paragraph 37(1)(a)
Omit "a bank", substitute "an ADI".
121 At the end of section 82ZL
Add:
(3) In this section:
bank account includes, but is not limited to, an account with a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
Navigation Act 1912
122 Subsection 6(1)
Insert:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
Northern Territory (Lessees' Loans Guarantee) Act 1954
123 Section 3
Insert:
ADI (authorised deposit-taking institution) means:
(b) the Reserve Bank of Australia.
Repeal the definition.
125 Subsection 4(1)
Omit "a bank", substitute "an ADI".
126 Subsections 4(1), (2) and (3)
Omit "the bank", substitute "the ADI".
Parliamentary Contributory Superannuation Act 1948
127 Sub-subparagraph 26B(4)(c)(iv)(E)
Omit "the Insurance and Superannuation Commissioner", substitute "the Australian Securities and Investments Commission".
Pooled Development Funds Act 1992
128 Subsection 4(1)
Insert:
ADI (authorised deposit-taking institution) means:
(b) the Reserve Bank of Australia; or
(c) a bank constituted by a law of a State or internal Territory.
Repeal the definition.
130 Subsection 31(1)
Omit "a bank or", substitute "an ADI or a".
Prawn Export Promotion Act 1995
131 At the end of section 9
Add:
(5) In this section:
bank includes, but is not limited to, an ADI (authorised deposit-taking institution) within the meaning of the Banking Act 1959 .
132 Subsection 3(1)
Insert:
banker includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
133 Subsection 6(1) (paragraph (b) of the definition of bank )
Repeal the paragraph, substitute:
134 Subsection 4(1)
Insert:
ADI (authorised deposit-taking institution) means:
(b) the Reserve Bank of Australia; or
(c) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution.
Repeal the definition.
136 Subsection 66(5)
Omit "bankers' books", substitute "the books of an ADI".
137 Subsection 66(15) (definition of bankers' books )
Repeal the definition.
138 Subsection 66(15)
Insert:
books of an ADI means any accounting records used in the ordinary business of an ADI, including ledgers, day-books, cash-books and account books.
139 Paragraph 78A(1)(a)
Omit "a bank (the transferor bank )", substitute "an ADI (the transferor ADI )".
Omit "the transferor bank by", substitute "the transferor ADI by".
141 Paragraph 78A(1)(b)
Omit "another bank (the transferee bank ), substitute "another ADI (the transferee ADI )".
142 Subparagraph 78A(1)(b)(ii)
Omit "bank" (wherever occurring), substitute "ADI".
143 Subsections 78A(2), (4) and (5)
Omit "bank" (wherever occurring), substitute "ADI".
Omit "a bank (the transferor bank )", substitute "an ADI (the transferor ADI )".
Omit "the transferor bank by", substitute "the transferor ADI by".
146 Paragraph 78B(1)(c)
Omit "transferor bank", substitute "transferor ADI".
147 Paragraph 78B(1)(c)
Omit "another bank (the transferee bank )", substitute "another ADI (the transferee ADI )".
148 Paragraph 78B(1)(d) and subsections 78B(2), (3) and (4)
Omit "bank" (wherever occurring), substitute "ADI".
149 Subsection 5(1)
Insert:
ADI (authorised deposit-taking institution) means a body corporate that is an ADI for the purposes of the Banking Act 1959 .
150 Subsection 5(1) (definition of bank )
Repeal the definition.
Omit "other bank", substitute "ADI".
152 Paragraph 75(c)
Omit "a bank", substitute "an ADI".
153 Section 86
Omit "section 16", substitute "subsection 13A(3)".
154 Section 86
Omit "a bank specified in the First Schedule to that Act", substitute "an ADI".
155 Subsection 11(2)
Omit "a bank,", substitute "an ADI or a".
156 Section 16
Insert:
ADI (authorised deposit-taking institution) means a body corporate that is an ADI for the purposes of the Banking Act 1959 .
157 Section 16 (definition of bank )
Repeal the definition.
158 Section 16 (definition of contribution )
Omit "a bank or", substitute "an ADI or a".
159 Subsection 23(1)
Omit "a bank,", substitute "an ADI or a".
160 Paragraph 33(2)(b)
Omit "a bank,", substitute "an ADI or a".
161 At the end of section 91G
Add:
(11) In this section:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
Sales Tax (Exemptions and Classifications) Act 1992
162 At the end of item 100 in Schedule 1
Add:
(3) In this item:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
Small Superannuation Accounts Act 1995
163 Paragraph 64(1)(b)
Omit "the Insurance and Superannuation Commissioner", substitute "the Australian Securities and Investments Commission".
164 Subsection 64(6)
Repeal the subsection.
165 Section 75
Omit "Insurance and Superannuation Commissioner" (wherever occurring), substitute "Australian Securities and Investments Commission".
166 Subsections 76(2), (6), (7) and (8)
Omit "Insurance and Superannuation Commissioner", substitute "Australian Securities and Investments Commission".
167 Section 3 (index)
Insert the following entry in its appropriate alphabetical position, determined on a letter-by-letter basis:
bank
| 23(1)
|
Insert:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
Student and Youth Assistance Act 1973
169 Subsection 3(1)
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
170 Subsection 3(1)
Insert:
ASIC means the Australian Securities and Investments Commission.
171 Subsection 3(1) (definition of ISC )
Repeal the definition.
172 Paragraph 3B(1)(a)
Omit " Superannuation Entities (Taxation) Act 1987 ", substitute " Superannuation (Excluded Funds) Taxation Act 1987 ".
173 At the end of section 96A
Add:
(2) In this section:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
174 Paragraph 110R(7)(b)
Omit "the ISC", substitute "ASIC".
175 Subsection 119(3)
Omit "the ISC", substitute "ASIC".
176 Subsection 139AA(3)
Omit "the ISC", substitute "ASIC".
177 Subsection 155C(3) (paragraph (b) of the definition of eligible regulatory law )
Omit " Superannuation Entities (Taxation) Act 1987 ", substitute " Superannuation (Excluded Funds) Taxation Act 1987 ".
178 Subsection 155C(3) (after paragraph (b) of the definition of eligible regulatory law )
Insert:
Superannuation Act 1990
179 Subsection 44(1)
Insert:
bank includes, but is not limited to, any body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
180 Subsection 49(3) (paragraph (b) of the definition of eligible regulatory law )
Omit " Superannuation Entities (Taxation) Act 1987 ", substitute " Superannuation (Excluded Funds) Taxation Act 1987 ".
181 Subsection 49(3) (after paragraph (b) of the definition of eligible regulatory law )
Insert:
Superannuation Contributions Tax (Assessment and Collection) Act 1997
182 Subsection 32(8)
Omit "the Insurance and Superannuation Commissioner", substitute "the Australian Prudential Regulation Authority or the Australian Securities and Investments Commission".
183 Subsection 28(8)
Omit "the Insurance and Superannuation Commissioner", substitute "the Australian Prudential Regulation Authority or the Australian Securities and Investments Commission".
184 Subsection 10(1)
Insert:
ADI (authorised deposit-taking institution) means:
(b) a State bank.
Repeal the definition.
186 Subsection 10(1) (paragraph (a) of the definition of approved guarantee )
Omit "approved bank", substitute "ADI".
187 Subsection 10(1) (paragraph (b) of the definition of approved guarantee )
Omit "non-bank", substitute "non-ADI".
188 Subsection 10(1) (definition of approved non-bank financial institution )
Omit " non-bank ", substitute " non-ADI ".
189 Paragraph 71(1)(b)
Omit "approved bank", substitute "ADI".
190 Paragraph 71(1)(ba)
Omit "non-bank", substitute "non-ADI".
191 Paragraph 105(1)(a)
Omit " Superannuation Entities (Taxation) Act 1987 ", substitute " Superannuation (Excluded Funds) Taxation Act 1987 ".
Superannuation (Productivity Benefit) Act 1988
192 Paragraph 6(6)(e)
Omit "the Insurance and Superannuation Commissioner", substitute "the Australian Securities and Investments Commission".
193 Paragraph 219(3)(a)
Repeal the paragraph, substitute:
194 Subsection 4(1)
Insert:
banker includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
Veterans' Entitlements Act 1986
195 Section 5 (index)
Insert the following entry in its appropriate alphabetical position, determined on a letter-by-letter basis:
bank
5Q(1)
|
Insert:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
197 At the end of section 22Y
Add:
(2) In this section:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) within the meaning of the Banking Act 1959 .