{"id":"advance-bank-integration-act-1998","name":"Advance Bank Integration Act 1998","slug":"advance-bank-integration-act-1998","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29833,"registerId":"nt-advance-bank-integration-act-1998-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Advance Bank Integration Act 1998","content":"NORTHERN TERRITORY OF AUSTRALIA\nADVANCE BANK INTEGRATION ACT 1998\nAs in force at 28 May 2012\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Purpose ........................................................................................... 1\n4 Interpretation ................................................................................... 1\n5 Act binds Crown .............................................................................. 3\nPart 2 Reorganisation\n6 Consequence of succession day ..................................................... 3\n7 Name in which SGB carries on business......................................... 4\nPart 3 Payment of amount in lieu of Territory\ntaxes and charges\n8 Payment of amount in lieu of Territory taxes and charges ............... 4\nPart 4 Miscellaneous\n9 Certificates evidencing operation of Act, &c. ................................... 5\n10 Registration of title, &c. .................................................................... 6\n11 Act has effect despite other laws ..................................................... 6\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 28 May 2012\n____________________\nADVANCE BANK INTEGRATION ACT 1998\nAn Act to provide for the merger of the Advance Bank of Australia\nLimited with St. George Bank Limited and for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Advance Bank Integration Act 1998.\n2 Commencement\nThis Act comes into operation on the succession day.\n3 Purpose\nThe purpose of this Act is to facilitate the integration of Advance\nBank Australia Limited into St. George Bank Limited.\n4 Interpretation\n(1) In this Act, unless the contrary intention appears:\nABAL means Advance Bank Australia Limited (A.C.N. 002 953\n335).\nasset means property, or a right, of any kind, and includes:\n(a) any legal or equitable estate or interest (whether present or\nfuture, vested or contingent, tangible or intangible, in real or\npersonal property of any kind;\n(b) any chose in action;\n(c) any right, interest or claim of any kind, including rights,\ninterests or claims in or in relation to property (whether arising\nunder an instrument or otherwise, and whether liquidated or\nunliquidated, certain or contingent, accrued or accruing); and\n(d) any asset within the meaning of Part IIIA of the Income Tax\nAssessment Act 1936 of the Commonwealth.\n\nPart 1 Preliminary\nAdvance Bank Integration Act 1998 2\nbusiness, in relation to ABAL, includes the assets and liabilities of\nABAL.\nchief executive officer, in relation to SGB, means the officer\nhaving the day to day management of the affairs of the bank and\nincludes an officer acting from time to time in that capacity.\nNSW Regulation means the Bank Mergers (Advance Bank)\nRegulation 1997 made under the Bank Mergers Act 1996 of New\nSouth Wales or, if that Regulation is amended, that Regulation as\namended and in force for the time being.\ninstrument includes a document and an oral agreement.\ninterest, in relation to land, includes:\n(a) a legal or equitable estate or interest in the land; and\n(b) a right, power or privilege over, or in relation to, the land.\nliability includes a duty or obligation of any kind (whether arising\nunder an instrument or otherwise, and whether actual, contingent or\nprospective).\nSGB means St. George Bank Limited (A.C.N. 055 513 070).\nsuccession day means the day fixed under clause 3 of the NSW\nRegulation as the succession day for SGB and ABAL.\ntranslated asset, in relation to SGB, means an asset that has\nbecome, under the NSW Regulation, an asset of SGB.\ntranslated liability, in relation to SGB, means a liability that has\nbecome, under the NSW Regulation, a liability of SGB.\ntranslated instrument, in relation to ABAL, means an instrument\n(including a legislative instrument other than this Act or the NSW\nRegulation) subsisting immediately before the succession day:\n(a) to which ABAL is a party;\n(b) that was given to, by or in favour of, ABAL;\n(c) that refers to ABAL; or\n(d) under which money is, or may become, payable, or other\nproperty is, or may become, liable to be transferred, to or by\nABAL.\n\nPart 2 Reorganisation\nAdvance Bank Integration Act 1998 3\n(2) Where reference is made in this Act to anything done for a purpose\nconnected with, or arising out of, the operation or effect of this Act,\nthat reference is taken to include any transaction entered into, or\nany instrument or document made, executed, lodged or given for\nthat purpose.\n5 Act binds Crown\nThis Act binds the Crown not only in right of the Territory but, so far\nas the legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\nPart 2 Reorganisation\n6 Consequence of succession day\nOn the succession day under the NSW Regulation in accordance\nwith the principle of succession in law:\n(a) SGB becomes the successor in law of ABAL and is for all\npurposes a continuation of and the same legal entity as ABAL;\n(b) ABAL is liquidated and dissolved;\n(c) all assets of ABAL, wherever located, vest in, or are otherwise\navailable for the use of, SGB without the need for any\nconveyance, transfer, assignment or assurance and without\nthe need for any prior notice or further act;\n(d) all liabilities of ABAL, wherever located, become liabilities of\nSGB without the need for any prior notice or further act;\n(e) each translated instrument in respect of ABAL continues to\nhave effect, according to its tenor, on and after the succession\nday, as if a reference in the instrument to ABAL were a\nreference to SGB;\n(f) on and after the succession day, a place that, immediately\nbefore that day, was a place of business for ABAL is taken to\nbe a place of business for SGB; and\n(g) where, immediately before the succession day:\n(i) proceedings (including arbitration proceedings) to which\nABAL was a party were pending or existing in any court\nor tribunal, SGB is, on that day, substituted for ABAL as\na party to the proceedings and has the same rights in\nthe proceedings as ABAL had; and\n\nPart 3 Payment of amount in lieu of Territory taxes and charges\nAdvance Bank Integration Act 1998 4\n(ii) documentary or other evidence would have been\nadmissible for or against the interests of ABAL, that\nevidence is admissible, on or at any time after that day,\nfor or against the interests of SGB.\n7 Name in which SGB carries on business\n(1) SGB may carry on business in the Territory under any of the\nfollowing names:\n(a) Advance Bank Australia;\n(b) Bank of South Australia;\n(c) BankSA;\n(d) another name registered by SGB under the Business Names\nRegistration Act 2011 (Cth).\n(2) \"Advance Bank Australia\", \"Bank of South Australia\" and \"BankSA\"\nmust, on application by SGB, be registered as business names\nunder the Business Names Act 2007.\n(3) For a period of 6 months beginning on the succession day, SGB\nmay also carry on business in the Territory under either of the\nfollowing names as if the names were registered as business\nnames of SGB under the Business Names Act 2007:\n(a) \"Advance Bank Australia Limited\";\n(b) \"BankSA a Division of Advance Bank Australia Limited\".\nPart 3 Payment of amount in lieu of Territory taxes\nand charges\n8 Payment of amount in lieu of Territory taxes and charges\n(1) SGB must pay to the Treasurer a sum that, in the opinion of the\nTreasurer, is equal to the amount of taxes, duties and charges that\nSGB would have been liable to pay under the law of the Territory if\nthe business of ABAL and any translated asset and translated\nliability had vested in SGB by way of a normal commercial\ntransaction.\n(2) The amount payable under subsection (1) is to be determined by\nthe Treasurer in accordance with principles that the Treasurer\nthinks appropriate.\n\nPart 4 Miscellaneous\nAdvance Bank Integration Act 1998 5\n(3) The Treasurer may give a certificate to SGB when satisfied that the\nsum due under subsection (1) has been paid stating that the sum\ndue under the subsection has been paid.\n(4) Any obligation on SGB arising under an Act for the assessment or\nimposition of stamp duty, financial institution duty or debits tax:\n(a) to lodge a statement or return relating to the vesting of the\nbusiness of ABAL or any translated asset or any translated\nliability in SGB; or\n(b) to include information about the vesting in a statement or\nreturn,\nceases on payment of the amount determined under subsection (1).\n(5) This section does not apply to fees payable:\n(a) to the Registrar-General in respect of an act, dealing or other\ntransaction relating to land; or\n(b) under the Motor Vehicles Act 1949 in respect of the transfer of\na motor vehicle.\n(6) The sum payable under subsection (1) is a debt due and payable\nby SGB to the Territory.\nPart 4 Miscellaneous\n9 Certificates evidencing operation of Act, &c.\n(1) The chief executive officer of SGB may, by certificate signed by that\nperson, certify any matter in relation to the operation or effect of this\nAct and, in particular, may certify that:\n(a) a specified matter or thing relevant to SGB is an aspect of the\noperation or effect of this Act;\n(b) a specified thing was done for a purpose connected with, or\narising out of, the operation or effect of this Act in relation to\nSGB;\n(c) a specified asset of ABAL has become a translated asset of\nSGB; or\n(d) a specified liability of ABAL has become a translated liability of\nSGB.\n\nPart 4 Miscellaneous\nAdvance Bank Integration Act 1998 6\n(2) The chief executive officer of SGB may certify that specified assets\nor liabilities are, or are not, assets or liabilities that vested in ABAL\nunder the Bank of South Australia (Merger with Advance Bank)\nAct 1996.\n(3) A certificate under subsection (1) or (2) must be accepted in legal\nproceedings and by an administrative official as evidence of the\nmatter certified.\n(4) An apparently genuine document purporting to be a certificate\nunder subsection (1) or (2) is, unless the contrary is established, to\nbe taken to be the certificate.\n(5) Nothing done by or under this Act or under the NSW Regulation\naffects the character that records made by ABAL or an ADI from\nwhich ABAL acquired the records may have as ADI records for the\npurposes of the law of evidence.\n10 Registration of title, &c.\n(1) The Registrar-General or other person required or authorised by\nlaw to register or record transactions affecting assets or liabilities:\n(a) may (without formal application) register or record in the\nappropriate way the vesting of a translated asset or translated\nliability; and\n(b) must, on written application by SGB, register or record in the\nappropriate way the vesting of a translated asset or translated\nliability.\n(2) A transaction related to a translated asset or translated liability\nentered into by SGB in ABAL’s name or the name of a predecessor\nin title to ABAL, if effected by an instrument otherwise in registrable\nform, must be registered even though SGB has not been registered\nas proprietor of the asset.\n11 Act has effect despite other laws\n(1) This Act has effect in spite of anything in any contract, deed,\nundertaking, agreement or other instrument.\n(2) Nothing done by or under this Act or under the NSW Regulation:\n(a) places SGB, ABAL or another person in breach of contract or\nconfidence or otherwise makes any of them guilty of a civil\nwrong; or\n\nPart 4 Miscellaneous\nAdvance Bank Integration Act 1998 7\n(b) places SGB, ABAL or another person in breach of:\n(i) any law of the Northern Territory; or\n(ii) any contractual provision prohibiting, restricting or\nregulating the assignment or transfer of any asset or\nliability or the disclosure of any information; or\n(c) releases any surety, wholly or partly, from all or any of the\nsurety’s obligations.\n(3) Without limiting subsection (1), where, apart from this section, the\nadvice or consent of a person would be necessary in a particular\nrespect, the advice is taken to have been obtained or the consent is\ntaken to have been given, as the case requires.\n\nENDNOTES\nAdvance Bank Integration Act 1998 8\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAdvance Bank Integration Act 1998 (Act No. 10, 1998)\nAssent date 30 March 1998\nCommenced 1 April 1998 (s 2)\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)\nBusiness Names (National Uniform Legislation) Implementation Act 2012 (Act No. 8,\n2012)\nAssent date 27 April 2012\nCommenced pts 3 and 4: 28 May 2012 (Cth proclamation F2012L00891:\n19 April 2012) ; rem: 27 April 2012 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 7 and 9.\n4 LIST OF AMENDMENTS\ns 7 amd No. 8, 2012, s 30\ns 9 amd No. 38, 2002, s 6","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Subsequent amendments to this Act (notably to section 7 in 2012 to reflect national business names legislation and to section 9 in 2002) updated administrative and registration-related details (see endnotes: s 7 amd No. 8, 2012, s 30; s 9 amd No. 38, 2002, s 6). These amendments adjusted how business names are registered and formalised evidentiary and administrative provisions, but did not materially broaden the Act’s core purpose: to make St. George Bank the legal successor to Advance Bank and to manage the related vesting, registration and a single payment in lieu of Territory taxes (original purpose in s 3)."},"complexity_factors":["Short Act: 11 substantive sections (plus preliminary and endnotes)","13 defined terms in the interpretation section (s 4): ABAL, asset, business, chief executive officer, NSW Regulation, instrument, interest, liability, SGB, succession day, translated asset, translated liability, translated instrument","External cross-reference to the NSW Bank Mergers Regulation to fix the succession day (definition of 'NSW Regulation' and 'succession day')","Multiple vesting and continuity subclauses in s 6 (a–g) with legal effects for assets, liabilities, instruments and proceedings","Treasurer discretion in s 8 to determine amount payable and to set principles (open-ended administrative discretion)","Exceptions and transitional rules: six-month transitional name use (s 7(3)); exclusion of certain fees from s 8(5)","Evidentiary certificates with conclusive presumptions unless disproved (s 9(1)–(4))","Registration rules allowing optional and mandatory registration paths (s 10(1)(a)–(b))","Overrides and protective clauses in s 11 creating both supremacy and carve-outs (s 11(1)–(3))"],"plain_english_summary":"**What this law does, in simple terms**\n\n- This Act makes St. George Bank Limited (SGB) legally step into the place of Advance Bank Australia Limited (ABAL) on the day called the \"succession day\" (as fixed under a New South Wales regulation). In other words, SGB becomes the same legal entity as ABAL and ABAL is dissolved (s 6(a)–(b)).\n\n- All of ABAL's assets and liabilities automatically become SGB's without any need for separate transfers, notices or paperwork (s 6(c)–(d)). Contracts, documents and legal proceedings that referred to ABAL keep working after the transfer but as if they referred to SGB (s 6(e), (g)).\n\n- SGB can trade in the Northern Territory using several Advance Bank/BankSA names and has a short transitional right to continue using ABAL-style names for six months after the succession day (s 7(1)–(3)).\n\n- SGB must pay the Territory an amount the Treasurer decides is equal to the taxes, duties and charges that would have been payable if the business and assets had moved by a normal commercial sale; the Treasurer sets the principles for deciding that amount (s 8(1)–(2)). Once that amount is paid, certain stamp-duty and similar obligations to lodge returns or include information cease (s 8(3)–(6)). The sum is a debt owed to the Territory (s 8(6)).\n\n- The chief executive officer of SGB may sign certificates stating facts about the effect or operation of the Act (for example, that particular assets or liabilities vested in SGB). Those certificates are admissible and, unless proved otherwise, taken to be genuine in legal and administrative proceedings (s 9(1)–(4)).\n\n- Registrars (for land titles and other record-keepers) may, and must on written application, register the vesting of assets and liabilities without formal application procedures in some cases (s 10(1)).\n\n- The Act operates despite anything in other instruments or contracts (it overrides conflicting contractual or other provisions), and for administrative purposes it treats any required advice or consent as having been given (s 11(1), (3)). At the same time the Act states that nothing done under it will be taken to put SGB or others in breach of contract or law or to release sureties (s 11(2)).\n\n**Who is affected**\n\n- St. George Bank Limited: receives all ABAL assets and liabilities and must pay the Territory an amount in lieu of certain taxes and charges (s 6, s 8).\n- Former customers, creditors, counterparties and courts: existing contracts, proceedings and evidence concerning ABAL continue but with SGB substituted in (s 6(e), (g)).\n- Territorial authorities and registries: have simplified options to record the vesting and to accept SGB CEO certificates as evidence (s 9, s 10).\n- The Northern Territory government: may receive the amount determined by the Treasurer in lieu of Territory taxes and charges (s 8).\n\n**Why it matters (mechanics and practical effects)**\n\n- Mechanism for seamless legal succession: the Act removes the need for individual transfers, assignments or fresh consents by making SGB the legal continuation of ABAL (s 6). This reduces transactional friction when a bank is merged by statutory scheme.\n\n- Centralised fiscal determination: instead of running many individual assessments for stamp duty and similar charges, the Treasurer determines a single amount payable by SGB intended to reflect what would have been payable under a normal commercial transfer (s 8). That concentrates discretion—and potential dispute—into one administrative decision.\n\n- Evidence and registration shortcuts: SGB CEO certificates are accepted in proceedings and registrars can register vesting without formal application, lowering administrative cost and delay (s 9, s 10).\n\n- Limited protections and exceptions: the Act explicitly preserves certain legal effects (for example, it does not automatically release sureties and says actions under the Act do not amount to breaches of contract or law) while still treating necessary consents as given (s 11(2)–(3)). That combination reduces the risk that counterparties can unwind the integration, while also shortcutting procedural requirements.\n\n**Costs, incentives and trade-offs (practical assessment)**\n\n- Who pays: SGB pays the Territory the sum determined by the Treasurer (s 8(1), (6)). That replaces multiple separate duty assessments with a single payment.\n\n- Who decides: the Treasurer has discretion to determine the amount and the principles for calculation (s 8(1)–(2)). That creates administrative discretion and potential uncertainty for SGB if principles are not specified in detail.\n\n- Incentives for SGB: the Act reduces administrative and transactional costs of acquiring assets and liabilities (automatic vesting, continuity of instruments, streamlined registration). But SGB bears the fiscal cost set by the Treasurer and any compliance required to obtain the Treasurer's certificate of payment (s 8(3)).\n\n- Burden on third parties: counterparties generally cannot object to the transfer on grounds of assignment or disclosure rules because the Act treats consents as given (s 11(3)), but the Act also provides that the transfer does not create a breach or release sureties (s 11(2)). Practical tensions could arise where contractual consents normally trigger renegotiation or fees.\n\n- Implementation risk: reliance on an external NSW regulation (the Bank Mergers (Advance Bank) Regulation 1997) to fix the succession day and the legal principle of succession in law creates cross-jurisdictional dependency. The Treasurer's discretion in quantifying the payment may be a flashpoint for negotiation or challenge (s 4 definition of NSW Regulation; s 8).\n\n**Key sections to look at**\n- Succession, vesting and substitution: s 6.\n- Business names and transitional name use: s 7.\n- Payment in lieu of Territory taxes and how it’s determined: s 8.\n- CEO certificates and evidentiary effect: s 9.\n- Registration mechanics: s 10.\n- Overriding effect and protections against causing breaches: s 11.\n\n**Net effect**: the Act performs the single technical task of making SGB the legal successor to ABAL across the Territory, streamlining asset and liability transfers, evidence and registration, and replacing many individual tax assessments with a single Treasurer-determined payment. These mechanics lower transactional frictions for the merger but place discretion over the territorial tax outcome with the Treasurer and centralise the fiscal and evidentiary consequences in the hands of SGB and Territory officials (s 6, s 8, s 9, s 10, s 11)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the specific merger between Advance Bank Australia Limited and St. George Bank Limited. While there have been minor amendments (notably updating business name registration references in 2012 to reflect national uniform legislation), these are technical updates rather than scope expansion. The Act has not grown beyond its original intent of enabling this particular bank integration and managing the associated tax and property transfer implications."},"complexity_factors":["Short statute (only 11 sections across 4 Parts)","Minimal defined terms (approximately 12 key definitions in section 4)","Simple conditional logic—primarily triggered by a single external event (the 'succession day' fixed by NSW Regulation)","No nested exceptions or complex cross-referencing beyond references to the NSW Regulation and Commonwealth tax legislation","Straightforward purpose with mechanical operation—most provisions operate automatically upon the succession day without discretionary elements","Limited administrative discretion (only the Treasurer's determination of tax-equivalent payment and CEO's certification powers)"],"plain_english_summary":"This law smooths the path for a bank merger in the Northern Territory. Specifically, it helps **St. George Bank Limited** absorb **Advance Bank Australia Limited** (ABAL) without legal hiccups.\n\n**What it does:**\n- **Automatic transfer**: When the merger happens (the \"succession day\"), all of Advance Bank's assets, debts, contracts, and legal obligations automatically switch to St. George Bank. No paperwork, no court orders, no separate transfers needed.\n- **Legal continuity**: St. George becomes the \"successor in law\" to Advance Bank—meaning it's treated as the same legal entity continuing under a new name. Any court cases involving Advance Bank automatically become cases involving St. George instead.\n- **Name changes**: St. George can keep using familiar brand names like \"Advance Bank Australia\" or \"BankSA\" for a transitional period, even though Advance Bank technically ceases to exist.\n- **Tax workaround**: Instead of paying normal stamp duty and transfer taxes on the massive asset transfer, St. George pays a lump sum to the Territory Treasurer. This avoids complex tax calculations on every individual asset.\n- **Protection from lawsuits**: The law shields both banks from being sued for breaching contracts or confidentiality agreements just because the merger happened.\n\n**Who it affects:**\n- Primarily **St. George Bank** and **Advance Bank** (now defunct)\n- **Northern Territory government** (receives the tax-equivalent payment)\n- **Customers and creditors** of Advance Bank (their contracts continue unchanged with St. George)\n\n**Why it matters:**\nWithout this law, transferring a bank's entire business—branches, loans, deposits, property—would require thousands of individual legal transfers, creating massive costs and delays. This \"statutory merger\" mechanism allows the banking system to consolidate efficiently while protecting customers' rights and ensuring the Territory still gets its fair share of tax revenue."}},"importantCases":[],"_links":{"self":"/api/acts/advance-bank-integration-act-1998","history":"/api/acts/advance-bank-integration-act-1998/history","analysis":"/api/acts/advance-bank-integration-act-1998/analysis","conflicts":"/api/acts/advance-bank-integration-act-1998/conflicts","importantCases":"/api/acts/advance-bank-integration-act-1998/important-cases","documents":"/api/acts/advance-bank-integration-act-1998/documents"}}