FINANCIAL SECTOR (TRANSFER AND RESTRUCTURE) ACT 1999
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Additional operation of Act
- 4 Definitions
- 4A Related body corporate
- 4B Relevant group of bodies corporate
- 5 Act binds the Crown
- 6 External Territories
- 7 Application of Criminal Code
- 7A Application of sections 8 and 8A of the APRA Act
PART 2--OVERVIEW--OF ACT
PART 3--VOLUNTARY--TRANSFERS
Division 1--Outline of Part
Division 2--Approval of voluntary transfers
- 10 Application for approval of voluntary transfer
- 11 Approval of applications
- 12 Consultation about approving the application
- 13 Adequate adoption
- 14 Complementary State or Territory legislation
- 15 Minister's power to decide that his or her consent is not required
- 16 Approval may impose conditions
- 17 Notice of decision
Division 3--Process by which voluntary transfers take effect
- 18 Certificate of transfer
- 19 Partial transfer--statement of detail to be provided
- 20 Agreements about matters connected with the transfer
- 21 Notice of decision
- 22 Time and effect of voluntary transfer
- 23 Employment unaffected
PART 4--COMPULSORY--TRANSFERS
Division 1--Outline of Part
Division 2--Compulsory transfer determinations
- 25 Compulsory transfer of business determinations
- 25AA Compulsory transfer of shares determinations
- 25A Ministerial declaration that compulsory transfer should occur in relation to ADI
- 26 Consultation about making the determination
- 27 When consent of receiving body is in force
- 28 Complementary State or Territory legislation
- 29 Minister's power to decide that his or her consent is not required
- 30 Agreements about matters connected with the transfer
- 31 Determination may impose conditions
- 32 Notice of determination
Division 3--Process by which compulsory transfers take effect
- 33 Certificate of transfer
- 34 Notice of certificate
- 35 Time and effect of compulsory transfer--transfer of business
- 35A Time and effect of compulsory transfer--transfer of shares
- 36 Employment unaffected
Division 4--Effect of compulsory transfer on contracts
- 36AA Compulsory transfer not ground for denial of obligations
- 36AB Partial transfer of netting contracts void
Division 5--Special provisions relating to compulsory transfers of shares
- 36AC Application of Division
- 36AD Extended meaning of share
- 36AE Regulations may make special provision in relation to compulsory transfer of shares
PART 4A--RESTRUCTURES
Division 1--Outline of Part
Division 2--Restructure approvals
- 36B Restructure approvals--application
- 36C Restructure approvals--issued by Minister
- 36D Restructure approvals--consultation
- 36E Restructure approvals--conditions
- 36F Restructure approvals--notice of decision
Division 3--Restructure instruments
- 36G What is a restructure instrument ?
- 36H Restructure instruments--coming into force
- 36J Restructure instruments--legal effect
- 36K Restructure instruments--amendment
Division 4--Internal transfer certificates
- 36L What is an internal transfer certificate?
- 36M Internal transfer certificates--issue
- 36N Internal transfer certificates--notice of decision
- 36P Internal transfer certificates--amendment
- 36Q Internal transfer certificates--coming into force
- 36R Internal transfer certificates--legal effect
Division 5--Engagements of employees and contractors
- 36S Employment and contracts for services unaffected
PART 5--EVIDENTIARY--CERTIFICATES
- 37 Certificates evidencing operation of Act etc.
- 38 Certificates in relation to land and interests in land
- 39 Certificates in relation to other assets
- 40 Documents purporting to be certificates
PART 6--MISCELLANEOUS
- 41 Information gathering powers
- 42 Compulsory transfer--APRA may provide information to receiving body
- 43 Relationship of Act with other laws etc.
- 43A Transfers of Australian regulated business of foreign body
- 44 Compensation for acquisition of property
- 45 Review of decisions
- 46 Transfer rules
- 47 Regulations
