NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 46 Licence conditions--special procedures for APRA - regulated bodies

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 46

Special procedures for APRA - regulated bodies (other than ADIs)

  (1)   If the licensee, or a related body corporate, is a body (the APRA body ) regulated by APRA (other than an ADI), then the following provisions apply:

  (a)   ASIC cannot:

  (i)   impose, vary or revoke a condition on the licence that, in ASIC's opinion, has or would have the result of preventing the APRA body from being able to carry on all or any of its usual activities (being activities in relation to which APRA has regulatory or supervisory responsibilities); or

  (ii)   vary a condition so that it would, in ASIC's opinion, become a condition that would have a result as described in subparagraph   (i);

    unless ASIC has first consulted APRA about the proposed action;

  (b)   if ASIC imposes, varies or revokes a condition on the licence and paragraph   (a) does not apply to that action, ASIC must, within one week, inform APRA of the action that has been taken.

Special procedures for ADIs

  (2)   If the licensee, or a related body corporate, is an ADI, then the following provisions apply:

  (a)   subject to paragraphs   (b) and (c), the powers that ASIC would otherwise have under section   45:

  (i)   to impose, vary or revoke a condition on the licence that, in ASIC's opinion, has or would have the result of preventing the ADI from being able to carry on all or any of its banking business (within the meaning of the Banking Act 1959 ); or

  (ii)   to vary a condition so that it would, in ASIC's opinion, become a condition that would have a result as described in subparagraph   (i);

    are instead powers of the Minister;

  (b)   the following provisions apply in relation to a power to which paragraph   (a) applies:

  (i)   the procedures for the exercise of the power are the same as would apply if ASIC could exercise the power, except that the Minister must not exercise the power unless he or she has first considered advice from ASIC on the proposed action, being advice given after ASIC has consulted APRA about the proposed action;

  (ii)   ASIC (rather than the Minister) must still conduct any hearing required under paragraph   45(5)(a) and receive any submissions under paragraph   45(5)(b);

  (c)   if ASIC imposes, varies or revokes a condition on the licence and paragraph   (a) does not apply to that action, ASIC must, within one week, inform APRA of the action that has been taken.