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PARLIAMENT OF VICTORIA
Statute Law Amendment (Authorised Deposit-
taking Institutions) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Amendments 2
__________________
SCHEDULE--Amendments 3
ENDNOTES 29
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PARLIAMENT OF VICTORIA
Initiated in Assembly 1 November 2000
A BILL
to amend specified Acts so as to permit non-bank financial institutions
to provide banking services to bodies regulated by statute and for
other purposes.
Statute Law Amendment (Authorised
Deposit-taking Institutions) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend specified Acts
so as to permit non-bank financial institutions to
provide banking services to bodies regulated by
5 statute.
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2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation before
5 1 June 2001, it comes into operation on that day.
3. Amendments
An Act specified in the heading to an item in the
Schedule is amended as set out in that item.
__________________
10
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SCHEDULE
Section 3
AMENDMENTS
1. Aboriginal Lands Act 1970
5 In section 11(1)--
(a) in paragraph (d), for "bank" substitute "authorised
deposit-taking institution within the meaning of the
Banking Act 1959 of the Commonwealth";
(b) for paragraph (f) substitute--
10 "(f) have accounts with any authorised deposit-
taking institution within the meaning of the
Banking Act 1959 of the Commonwealth;".
2. Accident Compensation Act 1985
2.1 In section 5(1)--
15 (a) after the definition of "authorised agent" insert--
' "authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
the Commonwealth;';
(b) the definition of "bank" is repealed.
20 2.2 In section 32(5), for "bank or banks" substitute "authorised
deposit-taking institution or institutions".
2.3 In section 146(1)(a), for "a bank" substitute "an authorised
deposit-taking institution".
3. Agricultural Industry Development Act 1990
25 In section 40, omit "bank,".
4. Ambulance Services Act 1986
In section 44--
(a) in sub-section (1)(a), for "at any bank or other"
substitute "with any".
30 (b) in sub-section (2), omit "bank or other".
5. Bail Act 1977
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In section 9(3)(a)(ii), for "savings bank pass-book"
substitute "savings pass-book".
6. Benefit Associations Act 1958
In section 23(1)(d), for "any bank" substitute "any
5 authorised deposit-taking institution within the meaning of
the Banking Act 1959 of the Commonwealth".
7. Borrowing and Investment Powers Act 1987
7.1 In section 3(1)--
(a) after the definition of "Australia" insert--
10 ' "authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
the Commonwealth;'.
(b) the definition of "bank" is repealed.
7.2 In section 5, for "bank" substitute "authorised deposit-
15 taking institution".
8. Building Act 1993
In section 22, for paragraph (b) substitute--
'(b) an undertaking to pay that amount together with a
guarantee provided by a body that is permitted to use
20 the expression "bank" under section 66 of the
Banking Act 1959 of the Commonwealth--'.
9. Cancer Act 1958
In section 27(1), for "bank" substitute "authorised deposit-
taking institution within the meaning of the Banking Act
25 1959 of the Commonwealth".
10. Casino Control Act 1991
10.1 In section 3(1), after the definition of "approved betting
competition" insert--
' "authorised deposit-taking institution" has the same
30 meaning as in the Banking Act 1959 of the
Commonwealth;'.
10.2 In section 64(g)(iii), for "a bank" substitute "an authorised
deposit-taking institution".
10.3 In section 68(1), in the definition of "cheque", in paragraph
35 (a), for "a bank" substitute "an account of an authorised
deposit-taking institution".
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10.4 In section 68(7), for "bank a cheque" substitute "deposit a
cheque with an authorised deposit-taking institution".
10.5 In section 122(1)(k), for "to a bank and from a bank"
substitute "to an authorised deposit-taking institution and
5 from an authorised deposit-taking institution".
10.6 In section 123(1)--
(a) in paragraph (a)--
(i) omit "bank" (where first occurring);
(ii) for "a bank" substitute "an authorised deposit-
10 taking institution";
(b) in paragraph (b), for "bank" (where twice occurring)
substitute "authorised deposit-taking institution".
10.7 In section 123(2), for "a bank" substitute "an authorised
deposit-taking institution".
15 11. Cemeteries Act 1958
In section 8A(1)(a), for "bank" substitute "authorised
deposit-taking institution within the meaning of the Banking
Act 1959 of the Commonwealth".
12. Children and Young Persons Act 1989
20 In section 125(1), for "a bank" substitute "an authorised
deposit-taking institution within the meaning of the Banking
Act 1959 of the Commonwealth".
13. Confiscation Act 1997
In section 3, for paragraph (b) of the definition of "bank"
25 substitute--
"(b) an authorised deposit-taking institution within the
meaning of the Banking Act 1959 of the
Commonwealth;".
14. Consumer Credit (Victoria) Act 1995
30 In section 12(1), for paragraph (b) substitute--
"(b) an authorised deposit-taking institution within the
meaning of the Banking Act 1959 of the
Commonwealth; or".
15. Co-operative Housing Societies Act 1958
35 15.1 In section 3(1), before the definition of "board" insert--
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' "authorised deposit-taking institution" has the same
meaning as in the Banking Act 1959 of the
Commonwealth;'.
15.2 In sections 12(1)(c), 13(1)(d), 66(3) and 66(4) for "bank"
5 substitute "authorised deposit-taking institution".
15.3 In section 33(5), for "bank friendly society" (wherever
occurring) substitute "authorised deposit-taking
institution".
15.4 In section 73(1), for "bank" (where twice occurring)
10 substitute "authorised deposit-taking institution".
15.5 In section 74--
(a) in paragraph (b), for "bank friendly society"
substitute "authorised deposit-taking institution";
(b) in paragraphs (c), (d) and (e), for "bank" (wherever
15 occurring) substitute "authorised deposit-taking
institution".
16. Co-operatives Act 1996
16.1 In section 4(1), after the definition of "association" insert--
' "authorised deposit-taking institution" has the same
20 meaning as in the Banking Act 1959 of the
Commonwealth;'.
16.2 In section 59(1) and (5), for "bank" (wherever occurring)
substitute "authorised deposit-taking institution".
16.3 In sections 359(1) and 368(2)(c), "bank account" substitute
25 "account with an authorised deposit-taking institution".
16.4 In clause 11(1)(a) of Schedule 4, for "Australian Bank"
substitute "authorised deposit-taking institution".
17. County Court Act 1958
In section 21A(1), paragraph (e) is repealed.
30 18. Credit Act 1984
18.1 In section 5(1)--
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(a) after the definition of "annual percentage rate"
insert--
' "authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
5 the Commonwealth;';
(b) the definition of "bank" is repealed.
18.2 In sections 18(2) and 49(2)(c), for "a bank" substitute "an
authorised deposit-taking institution".
19. Crown Land (Reserves) Act 1978
10 In section 14C(1)(a), for "bank" substitute "authorised
deposit-taking institution within the meaning of the Banking
Act 1959 of the Commonwealth".
20. Deakin University Act 1974
In section 30(2)(a), for "bank overdraft" substitute
15 "overdraft with an authorised deposit-taking institution
within the meaning of the Banking Act 1959 of the
Commonwealth".
21. Disposal of Uncollected Goods Act 1961
21.1 In section 11(1) and (4), for "a savings bank" substitute "an
20 authorised deposit-taking institution".
21.2 After section 11(4) insert--
'(5) In this section--
"authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
25 the Commonwealth.'.
22. Docklands Authority Act 1991
In section 35A(3)(a), for sub-paragraph (ii) substitute--
'(ii) a guarantee, in a form acceptable to the Authority,
provided by a body that is permitted to use the
30 expression "bank" under section 66 of the Banking
Act 1959 of the Commonwealth; and'.
23. Environment Protection Act 1970
23.1 In section 4(1), in the definition of "financial institution",
paragraph (a) is repealed.
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23.2 In section 67B(1)--
(a) in paragraph (a), for "bank" substitute 'body that is
permitted to use the expression "bank" under
section 66 of the Banking Act 1959 of the
5 Commonwealth';
(b) for paragraph (c) substitute--
'(c) personal guarantees;
(ca) guarantees provided by a body that is permitted
to use the expression "bank" under section 66
10 of the Banking Act 1959 of the
Commonwealth;'.
24. Estate Agents Act 1980
24.1 In section 4--
(a) after the definition of "approved industry association"
15 insert--
' "authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
the Commonwealth;';
(b) in the definition of "authorised investment"--
20 (i) in paragraph (a), for "a bank" substitute "an
authorised deposit-taking institution";
(ii) in paragraph (b), for "a bank" substitute "an
authorised deposit-taking institution";
(iii) in paragraph (b)(i), for "the bank" substitute
25 "the authorised deposit-taking institution";
(iv) in paragraph (f)(ii), for "a bank" substitute "an
authorised deposit-taking institution";
(c) the definition of "bank" is repealed.
24.2 In section 58--
30 (a) the definition of "building society" is repealed;
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(b) in the definition of "financial institution", for "a bank
or building society" substitute "an authorised
deposit-taking institution";
(c) in the definition of "moneys", for "a bank" substitute
5 "an authorised deposit-taking institution".
24.3 In section 59(1)(a)(i), for "trading bank facilities" substitute
"facilities of an authorised deposit-taking institution".
24.4 In section 71, in the definition of "moneys", for "a bank"
substitute "an authorised deposit-taking institution".
10 25. Evidence Act 1958
25.1 In section 3(1), before the definition of "business" insert--
' "authorised deposit-taking institution" has the same
meaning as in the Banking Act 1959 of the
Commonwealth;'.
15 25.2 In section 53J(3)(c), for "a bank as defined in section 5 of
the Banking Act 1959 of the Commonwealth as amended
from time to time" substitute "an authorised deposit-taking
institution".
25.3 In section 58A--
20 (a) the definition of "bank" is repealed;
(b) in the definition of "book of account", for "a bank"
substitute "an authorised deposit-taking institution".
25.4 In section 107A(1)(u), for "a bank" substitute "an
authorised deposit-taking institution".
25 26. Financial Management Act 1994
26.1 In section 3, after the definition of "accounting records"
insert--
' "authorised deposit-taking institution" has the same
meaning as in the Banking Act 1959 of the
30 Commonwealth;'.
26.2 In section 14, for "bank or banks" substitute "authorised
deposit-taking institution or institutions".
26.3 In section 15(1), for "a bank account with a bank or banks"
substitute "an account with an authorised deposit-taking
35 institution or institutions".
26.4 In sections 15(2), (3) and 16, for "a bank account"
substitute "an account".
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27. Forests Act 1958
In section 50(7), for "bank overdraft" substitute "an
overdraft provided by an authorised deposit-taking
institution within the meaning of the Banking Act 1959 of
5 the Commonwealth".
28. Fundraising Appeals Act 1998
In section 27(2)(a), for sub-paragraphs (i), (ii) and (iii)
substitute--
"(i) an authorised deposit-taking institution within the
10 meaning of the Banking Act 1959 of the
Commonwealth; or".
29. Gaming and Betting Act 1994
29.1 In section 121(1)(a)--
(a) omit "bank" (where first occurring);
15 (b) for "a bank or banks" substitute "an authorised
deposit-taking institution or institutions".
29.2 In section 121(1)(b), for "bank" (where twice occurring)
substitute "authorised deposit-taking institution".
29.3 In section 121(2)(a)--
20 (a) for "a bank account" substitute "an account";
(b) for "a bank" (where secondly occurring) substitute
"an authorised deposit-taking institution".
29.4 In section 121(2)(b), for "bank" (where twice occurring)
substitute "authorised deposit-taking institution".
25 29.5 In section 121(3), for "a bank" substitute "an authorised
deposit-taking institution".
29.6 After section 121(5) insert--
'(6) In this section--
"authorised deposit-taking institution" has the
30 same meaning as in the Banking Act 1959 of
the Commonwealth.'.
30. Gaming Machine Control Act 1991
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30.1 In section 131(1)(a)--
(a) omit "bank" (where first occurring);
(b) for "a bank" substitute "an authorised deposit-taking
institution".
5 30.2 In section 131(1)(b), for "bank" (where twice occurring)
substitute "authorised deposit-taking institution".
30.3 In section 131(2), for "a bank" substitute "an authorised
deposit-taking institution".
30.4 After section 131(4) insert--
10 '(5) In this section--
"authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
the Commonwealth.'.
31. Gaming No. 2 Act 1997
15 31.1 In section 3--
(a) after the definition of "amend" insert--
' "authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
the Commonwealth;';
20 (b) the definitions of "bank" and "financial institution"
are repealed;
(c) in the definition of "money", for "bank notes, bank
drafts, cheques" substitute "bank notes, cheques,
drafts provided by an authorised deposit-taking
25 institution".
31.2 In sections 4(3) and 18(c), for "a financial institution"
substitute "an authorised deposit-taking institution".
31.3 In section 89--
(a) in sub-sections (1)(c) and (2), for "a financial
30 institution" substitute "an authorised deposit-taking
institution";
(b) in sub-section (1)(d), for "financial institution" (where
twice occurring) substitute "authorised deposit-
taking institution".
35 32. Geelong Performing Arts Centre Trust Act 1980
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32.1 In section 2, before the definition of "centre" insert--
' "authorised deposit-taking institution" has the same
meaning as in the Banking Act 1959 of the
Commonwealth;'.
5 32.2 In section 15(1), for "a bank" substitute "an authorised
deposit-taking institution".
32.3 In section 16(1)(a), for "bank" substitute "authorised
deposit-taking institution".
33. Guardianship and Administration Act 1986
10 In section 51(1)(b), for "a bank" substitute "an authorised
deposit-taking institution within the meaning of the Banking
Act 1959 of the Commonwealth".
34. Heritage Act 1995
In section 135(2), for "bank" substitute "authorised deposit-
15 taking institution within the meaning of the Banking Act
1959 of the Commonwealth".
35. Hospital Benefits (Levy) Act 1982
In section 8(1)(d) for "bank (including the State Bank of
Victoria)" substitute "authorised deposit-taking institution
20 within the meaning of the Banking Act 1959 of the
Commonwealth".
36. Housing Act 1983
In section 25(4), for "bank accounts" substitute "accounts
with an authorised deposit-taking institution within the
25 meaning of the Banking Act 1959 of the Commonwealth".
37. Intellectually Disabled Persons' Services Act 1986
37.1 In section 3(1), before the definition of "community visitor"
insert--
' "authorised deposit-taking institution" has the same
30 meaning as in the Banking Act 1959 of the
Commonwealth;'.
37.2 In sections 45(2)(a) and 50(1), for "a bank" substitute "an
authorised deposit-taking institution".
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37.3 In section 50D(2)(e), for "bank or institution" substitute
"financial institution".
37.4 In section 50L(3), for "a bank" substitute "an authorised
deposit-taking institution".
5 37.5 In sections 50M(2)(c) and 50P(1), omit "bank".
38. La Trobe University Act 1964
In section 33(2)(a), for "bank overdraft" substitute
"overdraft with an authorised deposit-taking institution
within the meaning of the Banking Act 1959 of the
10 Commonwealth".
39. Legal Practice Act 1996
39.1 In section 3(1), after the definition of "audit year" insert--
' "authorised deposit-taking institution" has the same
meaning as in the Banking Act 1959 of the
15 Commonwealth;'.
39.2 In section 3(1), the definitions of "authorised society",
"bank" and "society" are repealed.
39.3 In section 3(1), in the definition of "financial institution"--
(a) for paragraph (a) substitute--
20 "(a) an authorised deposit-taking institution; or";
(b) paragraph (b) is repealed.
39.4 In section 3(1), in the definition of "nominee mortgage", in
paragraph (a)(ii), for "a bank, a society" substitute "an
authorised deposit-taking institution".
25 39.5 In section 125--
(a) in sub-section (5), for "a bank or an authorised
society" substitute "an authorised deposit-taking
institution";
(b) in sub-section (6), for "and bank or society"
30 substitute "and authorised deposit-taking institution".
39.6 In section 173(1), for "a bank or an authorised society"
substitute "an authorised deposit-taking institution".
39.7 For section 173(2) substitute--
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"(2) If one or more arrangements under section 176 are in
effect, a trust account must be established and
maintained in an authorised deposit-taking institution
that is a party to an arrangement with the Board under
5 that section.".
39.8 In section 173(3), for "bank or society accounts" substitute
"authorised deposit-taking institution accounts".
39.9 In section 173, sub-section (4) is repealed.
39.10 In section 173A(1), for "bank or society" substitute
10 "authorised deposit-taking institution".
39.11 In section 175(1) and (2), for "a bank or an authorised
society" substitute "an authorised deposit-taking
institution".
39.12 In section 176(1), for "a bank or society" substitute
15 "an authorised deposit-taking institution".
39.13 In section 191(1)--
(a) for "a bank or an authorised society" substitute
"an authorised deposit-taking institution";
(b) for "bank or society" substitute "institution".
20 39.14 In section 191(2)--
(a) for "A bank, an authorised society" substitute
"An authorised deposit-taking institution";
(b) for "a bank or an authorised society" substitute
"an authorised deposit-taking institution".
25 39.15 In section 236(3)(b), for "a bank" substitute "an authorised
deposit-taking institution".
39.16 In section 251(1) and (3), for "a bank or an authorised
society" substitute "an authorised deposit-taking
institution".
30 39.17 In section 251(4), for "A bank or an authorised society"
substitute "An authorised deposit-taking institution".
39.18 In sections 361(2)(f) and 374(1)(b), for "banks and
societies" substitute "authorised deposit-taking
institutions".
35 40. Leo Cussen Institute Act 1972
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In section 4(3)(a), for "bank" substitute "authorised
deposit-taking institution within the meaning of the Banking
Act 1959 of the Commonwealth".
41. Libraries Act 1988
5 41.1 In section 3--
(a) before the definition of "Board" insert--
' "authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
the Commonwealth;';
10 (b) the definition of "bank" is repealed.
41.2 In section 31(1), for "bank or banks" substitute "authorised
deposit-taking institution or institutions".
41.3 In section 31(2), omit "bank".
42. Local Government Act 1989
15 42.1 In section 3(1)--
(a) after the definition of "auditor" insert--
' "authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
the Commonwealth;';
20 (b) the definition of "bank" is repealed.
42.2 In section 138(1), for paragraph (c) substitute--
"(c) with an authorised deposit-taking institution; or".
42.3 In section 143, for "a bank" (wherever occurring) substitute
"an authorised deposit-taking institution".
25 42.4 In clause 5(1)(d) of Schedule 2, for "bank cheque"
substitute "cheque drawn on account of an authorised
deposit-taking institution".
43. Lotteries Gaming and Betting Act 1966
In section 3, in the definition of "money", for "bank drafts
30 cheques" substitute ", cheques, drafts provided by an
authorised deposit-taking institution within the meaning of
the Banking Act 1959 of the Commonwealth".
44. Magistrates' Court Act 1989
44.1 In section 3(1)--
35 (a) after the definition of "appropriate registrar" insert--
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' "authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
the Commonwealth;';
(b) the definition of "bank" is repealed.
5 44.2 In section 138(1)(a), for "a bank" substitute "an authorised
deposit-taking institution".
45. Maintenance Act 1965
45.1 In section 3(1), after the definition of "adopted" insert--
' "authorised deposit-taking institution" has the same
10 meaning as in the Banking Act 1959 of the
Commonwealth;';
45.2 In section 40(1), for "bank account or other like account"
substitute "authorised deposit-taking institution account".
45.3 In section 102(2), for "a bank" substitute "an authorised
15 deposit-taking institution".
46. Marine Act 1988
46.1 In section 78(2), for "a bank or banks, or building society or
building societies, or both," substitute "any authorised
deposit-taking institution or institutions".
20 46.2 In section 78, for sub-section (3) substitute--
'(3) In sub-section (2)--
"authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
the Commonwealth;'.
25 47. Melbourne and Olympic Parks Act 1985
In section 17, for sub-section (5) substitute--
"(5) The Trust may open and maintain one or more
accounts in the name of the Trust with any authorised
deposit-taking institution within the meaning of the
30 Banking Act 1959 of the Commonwealth.".
48. Melbourne Market Authority Act 1977
48.1 In section 14(1), for "a bank or banks" substitute
"an authorised deposit-taking institution or institutions
within the meaning of the Banking Act 1959 of the
35 Commonwealth".
48.2 In section 16(1), for "in a bank or banks" substitute "with
an authorised deposit-taking institution or institutions within
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the meaning of the Banking Act 1959 of the
Commonwealth".
49. Melbourne University Act 1958
49.1 In section 32(1)(a), for "bank overdraft" substitute
5 "overdraft with an authorised deposit-taking institution
within the meaning of the Banking Act 1959 of the
Commonwealth".
49.2 In the proviso to section 37(3)(e), for "bank" substitute
"authorised deposit-taking institution within the meaning of
10 the Banking Act 1959 of the Commonwealth".
50. Mental Health Act 1986
In section 88(1)--
(a) for paragraph (a) substitute--
"(a) an authorised deposit-taking institution within
15 the meaning of the Banking Act 1959 of the
Commonwealth; or";
(b) in paragraph (b), for "a financial institution"
substitute "another financial institution".
51. Monash University Act 1958
20 In section 32(2)(a), for "bank overdraft" substitute
"overdraft with an authorised deposit-taking institution
within the meaning of the Banking Act 1959 of the
Commonwealth".
52. Municipal Association Act 1907
25 52.1 In section 13--
(a) before the definition of "authorized depositor"
insert--
' "authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
30 the Commonwealth;';
(b) the definition of "bank" is repealed.
52.2 In section 18(1), for paragraph (b) substitute--
'(b) any loans irrevocably guaranteed or confirmed by a
body that is permitted to use the expression "bank"
35 under section 66 of the Banking Act 1959, whether by
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direct loan, guarantee, letter of credit or any other
means;'.
52.3 In section 19--
(a) in paragraph (a), for "bank" substitute "authorised
5 deposit-taking institution";
(b) in paragraph (b), for "a bank" substitute
"an authorised deposit-taking institution".
53. Murray Valley Citrus Marketing Act 1989
In section 39, for "a bank, financial institution" substitute
10 "an authorised deposit-taking institution within the meaning
of the Banking Act 1959 of the Commonwealth".
54. Museums Act 1983
54.1 In section 28(1)--
(a) for "a bank" (where first occurring) substitute
15 "an authorised deposit-taking institution within the
meaning of the Banking Act 1959 of the
Commonwealth";
(b) for "a bank account" substitute "an account".
54.2 In section 28(2), omit "bank".
20 55. Patriotic Funds Act 1958
55.1 In section 3(1), before the definition of "Council" insert--
' "authorised deposit-taking institution" has the same
meaning as in the Banking Act 1959 of the
Commonwealth;';
25 55.2 In sections 18(1)(f), 21(1), 23(2A)(v) and 23(2B)(a)(vi), for
"bank" (wherever occurring) substitute "authorised deposit-
taking institution".
55.3 In section 30, for "banking company" (wherever occurring)
substitute "authorised deposit-taking institution".
30 56. Port Bellarine Tourist Resort Act 1981
56.1 In section 15(2), for "the State Bank or any other bank or
banks" substitute "any authorised deposit-taking institution
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within the meaning of the Banking Act 1959 of the
Commonwealth".
56.2 In section 18(1)(a), for "bank" substitute "authorised
deposit-taking institution within the meaning of the Banking
5 Act 1959 of the Commonwealth".
57. Port Services Act 1995
In section 80(2), for "a bank guarantee" substitute
'a guarantee provided by a body permitted to use the
expression "bank" under section 66 of the Banking Act
10 1959 of the Commonwealth'.
58. Private Agents Act 1966
58.1 In section 3, before the definition of "commercial agent"
insert--
' "authorised deposit-taking institution" has the same
15 meaning as in the Banking Act 1959 of the
Commonwealth;'.
58.2 In sections 34(1), 34A(1)(a), 34A(2) and 34A(10), for
"a bank" substitute "an authorised deposit-taking
institution".
20 58.3 In section 35(2)(b), for "bankers" substitute "authorised
deposit-taking institutions".
58.4 In section 36--
(a) in sub-section (1), for "bank" (where first and
secondly occurring) substitute "authorised deposit-
25 taking institution";
(b) in the proviso to sub-section (1), for "a bank"
substitute "an authorised deposit-taking institution";
(c) in sub-section (2), for "a bank" (where first occurring)
substitute "an authorised deposit-taking institution";
30 (d) in sub-section (2), for "the bank" substitute
"the authorised deposit-taking institution";
(e) in the proviso to sub-section (2), for "a bank"
substitute "an authorised deposit-taking institution".
59. Property Law Act 1958
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59.1 In section 69(3)--
(a) after "his" insert "or her";
(b) for "any branch bank" substitute "any branch of an
authorised deposit-taking institution within the
5 meaning of the Banking Act 1959 of the
Commonwealth".
59.2 In the Third Schedule, in condition 16, for "by a Bank as
defined by the Commonwealth Banks Act 1959 or any Act
amending or replacing that Act or by a Bank established by
10 an Act of the Parliament of Victoria" substitute "on account
of an authorised deposit-taking institution within the
meaning of the Banking Act 1959 of the Commonwealth".
60. Prostitution Control Act 1994
In section 75(4), for "(being a bank as defined in section 5
15 of the Banking Act 1959 of the Commonwealth or a bank
constituted under a law of a State or a financial body within
the meaning of the AFIC (Victoria) Code)" substitute
"(being an authorised deposit-taking institution within the
meaning of the Banking Act 1959 of the Commonwealth)".
20 61. Queen Victoria Women's Centre Act 1994
In section 16, for "bank or banks within the meaning of the
Banking Act 1959 of the Commonwealth or a bank
constituted by a law of a State or the Commonwealth"
substitute "authorised deposit-taking institution or
25 institutions within the meaning of the Banking Act 1959 of
the Commonwealth".
62. Racing Act 1958
In section 48(2)(b), omit "bank".
63. Residential Tenancies Act 1997
30 63.1 In section 438(1), for "bank accounts at a bank or banks"
substitute "accounts at an authorised deposit-taking
institution or institutions within the meaning of the Banking
Act 1959 of the Commonwealth".
63.2 In section 485(5), for "a bank or banks" substitute
35 "an authorised deposit-taking institution or institutions
within the meaning of the Banking Act 1959 of the
Commonwealth".
64. Retirement Villages Act 1986
64.1 In section 3(1), the definition of "society" is repealed.
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64.2 In section 25(5)(b) and (7), for "a bank or society"
substitute "an authorised deposit-taking institution within
the meaning of the Banking Act 1959 of the
Commonwealth".
5 65. Royal Melbourne Institute of Technology Act 1992
In section 36(2)(aaa), for "bank overdraft" substitute
"overdraft with an authorised deposit-taking institution
within the meaning of the Banking Act 1959 of the
Commonwealth".
10 66. Rural Finance Act 1988
In section 22(1)(a), for "bank" substitute "authorised
deposit-taking institution within the meaning of the Banking
Act 1959 of the Commonwealth".
67. Sale of Land Act 1962
15 67.1 In section 2(1)--
(a) after the definition of "arbitrator" insert--
' "authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
the Commonwealth;';
20 (b) the definition of "society" is repealed.
67.2 In section 9AA--
(a) in sub-section (1)(a)(ii), for "a bank or society"
substitute "an authorised deposit-taking institution";
(b) in sub-section (2)(b) and (4), for "bank or society"
25 substitute "authorised deposit-taking institution";
(c) in sub-section (6), omit "banking".
67.3 In section 25--
(a) in sub-section (1)(b), for "a bank or society"
substitute "an authorised deposit-taking institution";
30 (b) in sub-section (3), for "bank or society" substitute
"authorised deposit-taking institution".
68. Securities Industry Act 1975
68.1 In section 4(1)--
(a) after the definition of "arbitrage transaction" insert--
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' "authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
the Commonwealth;';
(b) in the definition of "bankers books", for "a banker"
5 (wherever occurring) substitute "an authorised
deposit-taking institution";
(c) in the definition of "investment adviser", for
paragraph (a) substitute--
"(a) an authorised deposit-taking institution;".
10 68.2 In section 58(1)(c), for "dealer's bankers" substitute
"an authorised deposit-taking institution".
68.3 In section 59--
(a) in sub-section (1), for "a bank or banks" substitute
"an authorised deposit-taking institution or
15 institutions";
(b) in sub-section (2), for "bank" substitute "institution";
(c) in sub-section (5), for "bank cheque, bank draft or
money order" (where twice occurring) substitute
"a cheque drawn on account of an authorised deposit-
20 taking institution, a draft provided by an authorised
deposit-taking institution or a money order".
68.4 In section 60--
(a) in sub-section (4), for "banker" substitute "authorised
deposit-taking institution";
25 (b) in sub-section (5)--
(i) for "banker" (where twice occurring)
substitute "authorised deposit-taking
institution";
(ii) for "bank cheque" substitute "cheque drawn on
30 account of an authorised deposit-taking
institution".
68.5 In section 69, omit "bank".
68.6 In section 70--
(a) for "a banker, the banker" substitute "an authorised
35 deposit-taking institution, the institution";
(b) in paragraph (a), for "bank" (wherever occurring)
substitute "authorised deposit-taking institution".
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68.7 In section 71(b), for "bank" substitute "authorised deposit-
taking institution".
68.8 In section 83(1), for paragraph (a) substitute--
"(a) on interest bearing term deposit in an authorised
5 deposit-taking institution; or".
68.9 In section 88, for "a bank" substitute "an authorised
deposit-taking institution".
68.10 In section 129(4), for "a banker of the defendant" substitute
"an authorised deposit-taking institution with which the
10 defendant has an account".
69. Stamps Act 1958
69.1 Section 3A is repealed.
69.2 In section 137N(1)--
(a) in paragraph (c)(iv), for "a bank" substitute
15 "an authorised deposit-taking institution";
(b) in paragraph (c)(vi), for "a bank or a registered
building society" substitute "an authorised deposit-
taking institution";
(c) in paragraph (c)(vi)(A), for "bank, society" (where
20 twice occurring) substitute "authorised deposit-
taking institution";
(d) for paragraph (e) substitute--
'(e) "authorised deposit-taking institution" has
the same meaning as in the Banking Act 1959
25 of the Commonwealth; and'.
69.3 In section 144(4), for "a bank or branch bank" substitute
"an authorised deposit-taking institution within the meaning
of the Banking Act 1959 of the Commonwealth or a branch
of such an institution".
30 69.4 In the Third Schedule, in Heading XXII, for exemption (2)
substitute--
'(2) Any mortgage bond debenture or covenant made or
given by--
(a) a body that is permitted to use the expression
35 "credit union" under section 66 of the Banking
Act of the Commonwealth; or
(b) a registered co-operative society.'.
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70. State Sport Centres Act 1994
For section 29 substitute--
"29. Accounts
The Trust may open and maintain one or more
5 accounts in the name of the Trust with any authorised
deposit-taking institution or institutions within the
meaning of the Banking Act 1959 of the
Commonwealth.".
71. Supreme Court Act 1986
10 71.1 In section 113--
(a) in sub-section (4), paragraph (a) is repealed;
(b) in sub-section (19)--
(i) in paragraph (a), omit "; or";
(ii) paragraph (b) is repealed;
15 (c) in sub-section (24), for "bank" substitute "authorised
deposit-taking institution within the meaning of the
Banking Act 1959 of the Commonwealth";
(d) in sub-section (25), for "banks" substitute
"authorised deposit-taking institution within the
20 meaning of the Banking Act 1959 of the
Commonwealth";
(e) in sub-section (26), omit "or the State Bank of
Victoria".
71.2 In section 128(1), paragraph (d) is repealed.
25 72. Swinburne University of Technology Act 1992
In section 41(2)(a), for "bank overdraft" substitute
"overdraft with an authorised deposit-taking institution
within the meaning of the Banking Act 1959 of the
Commonwealth".
30 73. Taxation Administration Act 1997
73.1 In section 117(1)(a), for "bank cheque" substitute "cheque
drawn on account of an authorised deposit-taking
institution".
73.2 In section 117(3)(a), for "bank" substitute "authorised
35 deposit-taking institution".
73.3 After section 117(5) insert--
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'(6) In this section--
"authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
the Commonwealth.'.
5 74. Tertiary Education Act 1993
74.1 In section 12G, for "bank" substitute "authorised deposit-
taking institution".
74.2 At the end of section 12G insert--
'(2) In this section--
10 "authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
the Commonwealth.'.
75. The Constitution Act Amendment Act 1958
In section 159(1)(c), for paragraphs (ii) and (iii)
15 substitute--
"(ii) by cheque drawn on account of an authorised deposit-
taking institution within the meaning of the Banking
Act 1959 of the Commonwealth.".
76. Tobacco Act 1987
20 In section 32, for sub-section (5) substitute--
"(5) The Foundation may, with the approval of the
Minister administering Part 7 of the Financial
Management Act 1994, maintain an account or
accounts with an authorised deposit-taking institution
25 within the meaning of the Banking Act 1959 of the
Commonwealth.".
77. Tourism Victoria Act 1992
77.1 In section 24(1)(a), for "a bank" substitute "an authorised
deposit-taking institution within the meaning of the Banking
30 Act 1959 of the Commonwealth".
77.2 In section 24(2), omit "in a bank".
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78. Transfer of Land Act 1958
78.1 In section 77(3)(d), for "a bank" substitute "an authorised
deposit-taking institution within the meaning of the Banking
Act 1959 of the Commonwealth".
5 78.2 In the Seventh Schedule, for condition 16 of Table A
substitute--
"16. Any payment due under this contract may be made or
tendered either in cash or by a draft or cheque drawn
on account of an authorised deposit-taking institution
10 within the meaning of the Banking Act 1959 of the
Commonwealth.".
79. Transport Accident Act 1986
In section 27(6), for "any bank or banks" substitute
"any authorised deposit-taking institution or institutions
15 within the meaning of the Banking Act 1959 of the
Commonwealth".
80. Transport Act 1983
80.1 In section 66(2), for "the State Bank of Victoria or any other
bank or banks" substitute "any authorised deposit-taking
20 institution or institutions within the meaning of the Banking
Act 1959 of the Commonwealth".
80.2 In section 76(1), for "bank" substitute "authorised deposit-
taking institution within the meaning of the Banking Act
1959 of the Commonwealth".
25 81. Trustee Act 1958
81.1 In section 3(1)--
(a) before the definition of "authorized dealer in the short
term money market" insert--
' "authorised deposit-taking institution" has the
30 same meaning as in the Banking Act 1959 of
the Commonwealth;';
(b) the definition of "bank" is repealed.
81.2 In section 3A(8), for "a bank" substitute "an authorised
deposit-taking institution".
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81.3 In section 28(3), for "bank" substitute "of an authorised
deposit-taking institution".
82. Trustee Companies Act 1984
82.1 In section 4(1)--
5 (a) for the definition of "bank" substitute--
' "authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
the Commonwealth;';
(b) in the definition of "financial institution", for
10 paragraph (a) substitute--
"(a) an authorised deposit-taking institution;".
82.2 In sections 32(1), 34(3), 37(1) and 41(2), for "a bank"
(wherever occurring) substitute "an authorised deposit-
taking institution".
15 83. Unclaimed Moneys Act 1962
83.1 In section 6(2), for "bank" substitute "authorised deposit-
taking institution within the meaning of the Banking Act
1959 of the Commonwealth".
83.2 In section 7, for "bank" substitute "authorised deposit-
20 taking institution".
84. University of Ballarat Act 1993
In section 34(2)(a), for "bank overdraft" substitute
"overdraft with an authorised deposit-taking institution
within the meaning of the Banking Act 1959 of the
25 Commonwealth".
85. Victims of Crimes Assistance Act 1996
In section 70(1), for paragraph (a) substitute--
"(a) on deposit with an authorised deposit-taking
institution within the meaning of the Banking Act
30 1959 of the Commonwealth; or".
86. Victoria University of Technology Act 1990
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In section 37(2)(aaa), for "bank overdraft" substitute
"overdraft with an authorised deposit-taking institution
within the meaning of the Banking Act 1959 of the
Commonwealth".
5 87. Victorian Arts Centre Act 1979
87.1 In section 7(1)(a), for "bank" substitute "authorised
deposit-taking institution within the meaning of the Banking
Act 1959 of the Commonwealth".
87.2 In section 16(2A), for "bank or banks" substitute
10 "authorised deposit-taking institution or institutions within
the meaning of the Banking Act 1959 of the
Commonwealth".
88. Victorian College of the Arts Act 1981
In section 30(1)(a), for "bank overdraft" substitute
15 "overdraft with an authorised deposit-taking institution
within the meaning of the Banking Act 1959 of the
Commonwealth".
89. Victorian Debt Retirement Fund Act 1990
In section 3, the definition of "bank" is repealed.
20 90. Western Metropolitan Market Act 1938
In section 13, for "banks" substitute "any authorised
deposit-taking institution within the meaning of the Banking
Act 1959 of the Commonwealth".
25
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Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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