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FINANCIAL SECTOR REFORM (AMENDMENTS AND TRANSITIONAL PROVISIONS) ACT (NO. 1) 2000 NO. 24, 2000 - SCHEDULE 12

- Transitional, saving and application provisions Part 1—Transitional provisions for validation of determinations relating to financial sector supervisory levies

1 Definitions

In this Part:

Collection Act means the Financial Institutions Supervisory Levies Collection Act 1998 .

deferred payment day means the day that is 6 weeks after the day on which this Part commences.

Imposition Act means any of the following Acts:

(a)
the Authorised Non-operating Holding Companies Supervisory Levy Imposition Act 1998 ;

(b)
the General Insurance Supervisory Levy Imposition Act 1998 ;

(c)
the Life Insurance Supervisory Levy Imposition Act 1998 ;

(d)
the Retirement Savings Account Providers Supervisory Levy Imposition Act 1998 ;

(e)
the Superannuation Supervisory Levy Imposition Act 1998 .

levy paying entity has the same meaning as in the Collection Act.

Validation Act means any of the following Acts:

(a)
the Authorised Non-operating Holding Companies Supervisory Levy Determination Validation Act 2000 ;

(b)
the General Insurance Supervisory Levy Determination Validation Act 2000 ;

(c)
the Life Insurance Supervisory Levy Determination Validation Act 2000 ;

(d)
the Retirement Savings Account Providers Supervisory Levy Determination Validation Act 2000 ;

(e)
the Superannuation Supervisory Levy Determination Validation Act 2000 .

2 Deferral of date for paying levy

(1) This item applies to a levy paying entity if, because of section 4 of a Validation Act:

(a)
the entity is liable to pay levy imposed by an Imposition Act; and

(b)
the levy payable by the entity would, apart from this item, have been due and payable under section 9 of the Collection Act before the deferred payment day.

(2) The levy payable by the entity is taken to be due and payable on the deferred payment day, despite section 9 of the Collection Act.

Note: This provision affects the calculation of late payment penalty (if any) under section 10 of the Collection Act.

3 No retrospective criminal liability

Nothing in this Part or the Validation Acts is taken to make a person criminally liable in respect of acts or omissions of the person before the day on which this Part commences, if the person would not have been so liable had this Part and the Validation Acts not been enacted.

Part 2—Transitional provisions relating to amendments of the Financial Corporations Act 1974

4 Definitions

In this Part:

amended Act means the Financial Corporations Act 1974 as in force immediately after the commencement of Schedule 3 to this Act.

old Act means the Financial Corporations Act 1974 as in force immediately before the commencement of Schedule 3 to this Act.

registered corporation has the same meaning as in the amended Act.

Reserve Bank means the Reserve Bank of Australia.

5 Treatment of exemptions and determinations under paragraph 8(2)(l)

An exemption or determination in force immediately before the commencement of Schedule 3 to this Act under paragraph 8(2)(l) of the old Act continues in force after that commencement as if it were an exemption or determination under paragraph 8(2)(l) of the amended Act.

6 Treatment of matters under section 10

The following provisions apply in relation to matters under section 10 of the old Act:

(a)
the list under subsection 10(1) of the old Act, being that list as in force immediately before the commencement of Schedule 3 to this Act, has effect after that commencement as if it were prepared by the Reserve Bank under subsection 10(1) of the amended Act;

(b)
an obligation on the Governor of the Reserve Bank to publish notice of a matter, being an obligation that is undischarged as at the commencement of Schedule 3 to this Act, becomes, on that commencement, an obligation that the Reserve Bank is to discharge;

(c)
a determination in force under a provision of section 10 of the old Act immediately before the commencement of Schedule 3 to this Act continues to have effect, after that commencement, as if it were a determination under that provision of section 10 of the amended Act;

(d)
a request under subsection 10(7) of the old Act that has not been dealt with by the commencement of Schedule 3 to this Act is, after that commencement, to be dealt with as if it were a request under subsection 10(7)of the amended Act.

7 Standards taken to have been determined on commencement

(1) Immediately after the commencement of Schedule 3 to this Act, the Reserve Bank is taken to have determined standards under section 11 of the amended Act that require classes of registered corporations:

(a)
to provide to the Reserve Bank the same information that those classes of corporations were required to provide under section 11 of the old Act; and

(b)
to provide that information in the same way in which those classes of corporations were required to provide that information under section 11 of the old Act.

(2) The standards come into force on that commencement.
(3) Subsection 11(6) of the amended Act does not apply in respect of the determination of the standards.

Part 3—Transitional provision relating to amendment of the Life Insurance Act 1995

8 Treatment of assignments under section 16ZA

(1) If an assignment of an interest in a benefit fund of a friendly society was made:

(a)
before the day on which this Act receives the Royal Assent; and

(b)
in accordance with section 16ZA of the Life Insurance Act 1995 , as then in force, disregarding the effect of item 1 of Schedule 6 to this Act;

the assignment is taken to have been made in accordance with section 16ZA of the Life Insurance Act 1995 as amended by that item.

(2) Expressions used in this item have the same meanings as they have in the Life Insurance Act 1995 .

Part 4—Transitional provisions relating to amendments of the Reserve Bank Act 1959

9 Disqualification

(1) This item applies if a person:

(a)
was a member of the Reserve Bank Board immediately before the commencement of Schedule 7 to this Act; and

(b)
held a position as a director, officer or employee of a particular ADI immediately before that commencement; and

(c)
was not disqualified from the Reserve Bank Board under section 17 of the old Act, immediately before that commencement, because of holding that position with that ADI; and

(d)
would, apart from this item, have been disqualified from the Reserve Bank Board under section 17 of the amended Act, immediately after that commencement, because of holding that position with that ADI.

(2) Despite section 17 of the amended Act, the person is not disqualified from the Reserve Bank Board under that section merely because the person continues to hold that position with that ADI after that commencement.
(3) In this item:

ADI has the same meaning as in the amended Act.

amended Act means the Reserve Bank Act 1959 as in force immediately after the commencement of Schedule 7 to this Act.

disqualified from the Reserve Bank Board means not capable of appointment, or of continuing to act, as a member of the Reserve Bank Board.

old Act means the Reserve Bank Act 1959 as in force immediately before the commencement of Schedule 7 to this Act.

Reserve Bank means the Reserve Bank of Australia.

Part 5—Application of amendments of superannuation legislation relating to financial assistance to funds

10 Application of amendments of superannuation legislation relating to financial assistance to funds

The amendments made by Schedule 9 only apply in relation to losses incurred by a fund after the commencement of that Schedule.


[ Minister's second reading speech made in—
House of Representatives on 30 June 1999
Senate on 29 September 1999 ]
(153/99)



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