COMMONWEALTH POWERS (STATE BANKING) ACT 1992 - As at 8 January 2010 - Act 104 of 1992 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Act 2. Commencement 3. Object 4. Definitions 5. Reference of matters relating to the Bank 6. Excluded matters 7. Termination of reference 8. Crown bound COMMONWEALTH POWERS (STATE BANKING) ACT 1992 - LONG TITLE An Act to refer to the Parliament of the Commonwealth certain matters relating to State Bank Limited. COMMONWEALTH POWERS (STATE BANKING) ACT 1992 - SECT 1 Name of Act 1 Name of Act This Act may be cited as the Commonwealth Powers (State Banking) Act 1992. COMMONWEALTH POWERS (STATE BANKING) ACT 1992 - SECT 2 Commencement 2 Commencement This Act commences on a day to be appointed by proclamation. COMMONWEALTH POWERS (STATE BANKING) ACT 1992 - SECT 3 Object 3 Object The object of this Act is to remove the constitutional barrier which prevents the Parliament of the Commonwealth from legislating with respect to State banking carried on within the limits of the State by State Bank Limited or a subsidiary of that company. COMMONWEALTH POWERS (STATE BANKING) ACT 1992 - SECT 4 Definitions 4 Definitions In this Act: "Bank" means State Bank Limited, and includes a subsidiary of that company (within the meaning of the Corporations Law) and also includes that company under any altered name. "State banking" means State banking as referred to in section 51 (xiii) of the Commonwealth Constitution. COMMONWEALTH POWERS (STATE BANKING) ACT 1992 - SECT 5 Reference of matters relating to the Bank 5 Reference of matters relating to the Bank The matter of State banking (but only in so far as it applies in relation to the Bank), to the extent to which it is not otherwise included in the legislative powers of the Parliament of the Commonwealth, is referred to the Parliament of the Commonwealth for a period commencing on the day on which this Act commences and ending on the day fixed, pursuant to section 7, as the day on which the reference under this Act is to terminate, but no longer. COMMONWEALTH POWERS (STATE BANKING) ACT 1992 - SECT 6 Excluded matters 6 Excluded matters (1) The reference under section 5 does not include any matter so far as it would confer powers to make provision for or with respect to all or any of the following matters: (a) prohibiting the Bank (whether specifically or as part of a provision of more general application) from carrying on banking business unless it is in possession of an authority (however described) to do so under a law of the Commonwealth, (b) granting, suspending, cancelling or otherwise dealing with such an authority in relation to the Bank. (2) Subsection (1) ceases to have effect on a day to be appointed by proclamation for the purposes of this section. Note: Section 6 (1) ceased to have effect on 30 June 1994. See proclamation pursuant to section 6 (2) in Gazette No 83 of 24.6.1994, p 3107. COMMONWEALTH POWERS (STATE BANKING) ACT 1992 - SECT 7 Termination of reference 7 Termination of reference The Governor may, at any time, by proclamation published on the NSW legislation website, fix a day as the day on which the reference under this Act is to terminate. COMMONWEALTH POWERS (STATE BANKING) ACT 1992 - SECT 8 Crown bound 8 Crown bound This Act binds the Crown. COMMONWEALTH POWERS (STATE BANKING) ACT 1992 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsCommonwealth Powers (State Banking) Act 1992 No 104. Assented to 8.12.1992. Date of commencement 11.1.1993, sec 2 and GG No 1 of 8.1.1993, p 1. This Act has been amended as follows: ________________________________________________________________ | | |Statute Law (Miscellaneous | |2009|No 106|Provisions) Act (No 2) 2009. Assented to 14.12.2009.| | | | | |________________________________________________________________| Table of amendments _______________________________ |_______________________________|