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SUPERANNUATION ADMINISTRATION CORPORATION (PILLAR) (AUTHORISED TRANSACTION) ACT 2016 - SECT 22
Grant of relevant authorisations
(1) The Treasurer may by order in writing given to the
relevant administering agency direct the grant of a specified
relevant authorisation to a person who becomes or who it is proposed will
become the new owner of any Pillar assets pursuant to the authorised
transaction.
(2) Such a direction (a
"grant direction" ) operates to grant the specified relevant authorisation on
such terms and conditions and subject to such endorsements as may be specified
in the direction, and so operates: (a) without the need for any action by the
relevant administering agency, and
(b) without the need for the making or
determination of any application for the relevant authorisation, and
(c)
despite any requirement of or restriction imposed by a relevant law in
relation to the grant of a relevant authorisation.
(3) A grant direction may
only direct the grant of a relevant authorisation that: (a) operates to
transfer or replace a relevant authorisation that is currently in force, and
(b) is subject to terms, conditions or endorsements that are the same (or to
substantially the same effect) as those to which that relevant authorisation
is subject.
(4) A grant direction may direct the grant of more than one
relevant authorisation to transfer or replace an existing
relevant authorisation.
(5) The Treasurer is to consult with the
relevant administering agency before giving a grant direction for a
relevant authorisation.
(6) The Treasurer may direct the
relevant administering agency to give effect to a grant direction by formally
granting, and issuing the appropriate documentation for, the
relevant authorisation concerned. The relevant administering agency must
comply with the Treasurer's direction within the period specified in the
direction.
(7) Anything done by Pillar or another public sector agency in
compliance with a condition or endorsement of a relevant authorisation in
relation to Pillar assets of which a person is the new owner is taken to have
been done by the new owner for the purposes of any corresponding condition or
endorsement of a relevant authorisation granted to the new owner pursuant to
this section.
(8) A relevant authorisation granted to Pillar or to the
new owner of Pillar assets may not be suspended or cancelled on the ground of
the conversion of Pillar or new owner to a company or on the ground of any
change that has occurred in the officers or shareholders of the company as a
result of that conversion or pursuant to a transaction arrangement.
(9) In
this section:
"grant" includes issue and transfer.
"new owner" of Pillar assets means: (a) a public sector agency to which any
Pillar assets are transferred for the purposes of the authorised transaction,
or
(b) a person (or the nominee of a person) who becomes the owner of Pillar
assets pursuant to the authorised transaction.
"relevant administering agency" , in relation to a relevant authorisation,
means the public sector agency or public official having the function of
granting the relevant authorisation.
"relevant authorisation" means a licence, permit, consent, entitlement,
accreditation, exemption or other authorisation held by Pillar or a subsidiary
of Pillar, or held by another public sector agency as a result of being
granted pursuant to this section.
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