{"id":"bank-south-australia-and-advance-bank-act-1996","name":"Bank of South Australia and Advance Bank Act 1996","slug":"bank-of-south-australia-and-advance-bank-act-1996","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173857,"registerId":"vic-bank-south-australia-and-advance-bank-act-1996-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Bank of South Australia and Advance Bank Act 1996","content":"Version No. 002\nBank of South Australia and Advance Bank\nAct 1996\nNo. 33 of 1996\nVersion as at 21 December 2007\nTABLE OF PROVISIONS\nSection Page\n1 Purpose 1\n2 Commencement 1\n3 Definitions 2\n4 Extension of operation of South Australian Act 2\n5 Action by Registrar of Titles or Registrar-General 3\n__________________\nSCHEDULE 1 4\n═══════════════\nENDNOTES 15\n1. General Information 15\n2. Table of Amendments 16\n3. Explanatory Details 17\ni\n\nVersion No. 002\nBank of South Australia and Advance Bank\nAct 1996\nNo. 33 of 1996\nVersion as at 21 December 2007\nPreamble\n(1) Bank of South Australia Ltd is a company\nincorporated in South Australia.\n(2) Advance Bank of Australia Ltd is a company\nincorporated in New South Wales.\n(3) The companies have agreed to merge the\nbanking businesses carried on by them.\n(4) It is expedient to enact legislation to provide\nfor the vesting of the banking business of\nBank of South Australia Ltd in Advance\nBank of Australia Ltd.\nThe Parliament of Victoria therefore enacts as follows:\n1 Purpose\nThe purpose of this Act is to extend the operation\nof the Bank Merger (BankSA and Advance Bank)\nAct 1996 of South Australia dealing with the\nmerger of the Bank of South Australia and\nAdvance Bank.\n2 Commencement\n(1) Section 1 and this section come into operation on\nthe day on which this Act receives the Royal\nAssent.\n(2) The remaining provisions of this Act come into\noperation on a day to be proclaimed.\n1\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\ns. 3\n3 Definitions\nIn this Act—\nSouth Australian Act means the Bank Merger\n(BankSA and Advance Bank) Act 1996 of\nSouth Australia, the text of which is set out\nin Schedule 1 to this Act.\n4 Extension of operation of South Australian Act\n(1) The operation of the South Australian Act is\nextended so that it applies in Victoria as if it were\nan Act of the Parliament of Victoria.\n(2) However, in its extended application, the South\nAustralian Act is to be read and construed subject\nto the following modifications and exclusions—\n(a) section 2 (Commencement) does not apply\nas a law of Victoria; and\n(b) references to South Australia or the State are\nto be read as references to Victoria; and\n(c) section 10 is to be construed subject to\nsection 5 of this Act and the reference in\nsection 10 to the Registrar-General is to be\nread as a reference to the Registrar-General\nwithin the meaning of the law of Victoria;\nand\n(d) Part 3 (Government Guarantee) does not\napply as a law of Victoria; and\n(e) the reference to an Act in section 17(2) is to\nbe read as a reference to an Act of\nParliament of Victoria; and\n(f) section 19 is to be construed as if the\nreference to the Real Property Act 1886 of\nSouth Australia were omitted; and\n2\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\ns. 5\n(g) the reference in section 21(2) to the Business\nNames Act 1963 of South Australia is to be\nread as a reference to the Business Names\nAct 1962 of Victoria; and\n(h) section 22 (Regulations and proclamations)\nis excluded and references to a regulation or\na proclamation are to be read as references to\na regulation or proclamation made by the\nGovernor of South Australia under the South\nAustralian Act.\n(3) In its extended application, the interpretation of\nthe South Australian Act is (subject to this\nsection) to be governed by the Acts Interpretation\nAct 1915 of South Australia.\n5 Action by Registrar of Titles or Registrar-General\n(1) On being requested to do so and on delivery of\nany relevant instrument or document, the\nRegistrar of Titles must make any recordings in\nthe Register that are necessary because of the\noperation of this Act.\n(2) On being requested to do so and on production of\nany relevant instrument or document, the\nRegistrar-General must make all entries on\nrecords on enrolment of any Crown grant and on\nany memorial relating to any land concerned that\nare necessary because of the operation of this Act.\n__________________\n3\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\nSch. 1\nSCHEDULE 1\nBank Merger (BankSA and Advance Bank) Act 1996 of South\nAustralia\nNo. 41 of 1996\nAn Act to provide for the merger of the Bank of South Australia with\nAdvance Bank; and for other purposes.\n[Assented to 20 June 1996]\nThe Parliament of South Australia enacts as follows:\nPART 1\nPRELIMINARY\nShort title\n1. This Act may be cited as the Bank Merger (BankSA and\nAdvance Bank) Act 1996.\nCommencement\n2. (1) This Act will come into operation on a day to be fixed by\nproclamation.\n(2) The provision for automatic commencement of statutory\nprovisions 2 years after assent does not apply to this Act.\nInterpretation\n3. In this Act, unless the contrary intention appears—\n\"ABAL\" means Advance Bank of Australia Limited;\n\"ABAL subsidiary\" means a body corporate that is a subsidiary of\nABAL for the purposes of section 46 of the Corporations Law;\n\"appointed day\" means a day fixed by proclamation as the\nappointed day for the purposes of this Act;\n\"asset\" includes—\n(a) a present, contingent or future legal or equitable estate\nor interest in real or personal property;\n4\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\nSch. 1\n(b) a present, contingent or future right, power or\nprivilege or immunity (including a present or future\ncause of action in favour of BSAL);\n(c) an asset (as defined above) held in a fiduciary\ncapacity;\n\"BSAL\" means the Bank of South Australia Limited;\n\"cause of action\" includes any right to bring, defend or participate\nin legal proceedings;\n\"CEO\" of ABAL means the chief executive officer of ABAL or a\ndelegate of the chief executive officer;\n\"document\" includes a disc, tape or other medium in which\ninformation is stored;\n\"employee\" includes officer;\n\"excluded asset\" means—\n(a) an asset classified as an excluded asset in the\nSchedule; or\n(b) an asset related to an excluded liability;\n\"excluded liability\" means—\n(a) a liability classified as an excluded liability in the\nSchedule; or\n(b) a liability related to an excluded asset;\n\"guarantee\" includes an indemnity;\n\"instrument\" includes—\n(a) a legislative instrument;\n(b) a judgment, order or process of a court;\n(c) any other document;\n\"legal proceedings\" includes an arbitration or an administrative\nproceeding;\n\"land\" includes an estate or interest in land, or an interest in\nrespect of land;\n\"liability\" includes—\n(a) a present, future or contingent liability (arising at law\nor in equity);\n5\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\nSch. 1\n(b) a duty or non-pecuniary obligation;\n(c) in relation to BSAL — a present or future cause of\naction against BSAL;\n\"security\" means—\n(a) a mortgage or charge; or\n(b) a guarantee; or\n(c) another instrument acknowledging, evidencing,\nrecording, imposing or securing a liability for the\npayment of money or the discharge of a liability;\n\"transferred asset\" means an asset transferred to ABAL under\nthis Act;\n\"transferred employee\" means an employee to BSAL who\nbecomes an employee of the ABAL or an ABAL subsidiary under\nthis Act;\n\"transferred liability\" means a liability transferred to ABAL\nunder this Act;\n\"undertaking\" of BSAL means—\n(a) all assets of BSAL except excluded assets; and\n(b) all liabilities of BSAL except excluded liabilities;\nAct to bind the Crown\n4. This Act binds the Crown not only in right of the State but (so\nfar as the State's legislative power extends) in all its other capacities.\nExtra-territorial application\n5. (1) This Act applies both within and outside the State.\n(2) This Act applies outside the State to the full extent of the\nextra-territorial legislative power of the State.\nPART 2\nVESTING OF BSAL's UNDERTAKING IN ABAL\nVesting of undertaking\n6. (1) On the appointed day, BSAL's undertaking is transferred to,\nand vested in, ABAL.\n(2) The transfer of assets and liabilities under this section has\neffect despite the provisions of any other law or instrument.\n(3) The transfer of a liability under this section discharges BSAL\nfrom the liability.\n6\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\nSch. 1\nConditions of transfer\n7. (1) The CEO may, by order in writing, fix terms on which\nBSAL's undertaking is transferred.\n(2) The terms of transfer may create, and define the extent of,\nrights and liabilities.\nTransitional provisions\n8. The following transitional provisions apply—\n(a) for the purpose of construing an instrument or an oral\nagreement, understanding or undertaking so far as it applies\nto the transferred asset or liability—\n(i) a reference to BSAL is to be construed as a reference\nto ABAL; and\n(ii) a reference to a branch, or agency of BSAL is to be\nconstrued as a reference to the corresponding branch,\noffice or agency of ABAL or a branch, office or\nagency designated by the CEO as the\ncorresponding branch, office or agency; and\n(iii) a reference to an officer of BSAL is to be construed as\na reference to the corresponding officer of ABAL or\nan officer designated by the CEO as the corresponding\nofficer; and\n(b) the relationship of banker and customer existing between\nBSAL and a customer in relation to a transferred asset or\ntransferred liability immediately before the transfer took\neffect continues between ABAL and the customer after the\ntransfer takes effect and gives rise to the same rights\n(including rights of set-off) and the same liabilities as\nwould have arisen if there had been no transfer; and\n(c) an instruction, order, mandate, authority or notice given to\nBSAL before the transfer took effect is, so far as it is\nreferable to a transferred asset or transferred liability, taken to\nhave been given to ABAL; and\n(d) if a security held by BSAL is referable to a transferred asset\nor transferred liability, then, so far as it is referable to\nthetransferred asset or transferred liability—\n(i) ABAL becomes entitled or subject to rights, priorities\nand liabilities in relation to the security that BSAL\nwould have had if there had been no transfer; and\n7\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\nSch. 1\n(ii) the security is available to ABAL as security for the\ndischarge of transferred liabilities including, where the\nsecurity extends to future liabilities, liabilities incurred\nafter the transfer; and\n(e) ABAL is entitled to possession of all documents to which\nBSAL was entitled immediately before the transfer took\neffect that are entirely referable to a transferred asset or\ntransferred liability and is entitled to access to, and copies of,\nall documents that are referable to both a transferred asset or\ntransferred liability and another asset or liability that is not\ntransferred; and\n(f) a negotiable instrument or order for payment drawn by or on,\nor accepted or endorsed by BSAL, is (if BSAL's liability\nunder the instrument or order is a transferred liability)\npayable by ABAL in the same way as if it had been drawn by\nor on, or accepted or endorsed by, ABAL; and\n(g) a cheque drawn on an account transferred to ABAL is,\nalthough expressed to be drawn on the account formerly as\nBSAL, taken to have been drawn on the account at ABAL;\nand\n(h) if an account in respect of which a credit or debit card was\nissued by BSAL is transferred, the card is taken to have been\nissued by ABAL and to be the property of ABAL; and\n(i) if a transferred asset consists of rights to the possession or use\nof property under a lease or other agreement, ABAL may\nexercise those rights without exposing BSAL to liability for\nparting with possession of the property, or permitting the\npossession or use of the property by another person, contrary\nto the terms of the lease or agreement; and\n(j) ABAL has the same right to ratify a contract or agreement\nrelating to an asset or liability transferred to it from BSAL as\nBSAL would have had if there had been no transfer; and\n(k) if, at the appointed day, legal proceedings had been\ncommenced by or against BSAL or were continuing by or\nagainst BSAL because of a transfer of an interest to BSAL or\nBSAL's assumption of responsibility for conducting or\ndefending the proceedings—\n(i) the proceedings must (subject to discontinuance) be\ncontinued and completed by or against ABAL; and\n(ii) ABAL will have the same rights and privileges as\nBSAL would have had if there had been no transfer;\nand\n8\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\nSch. 1\n(iii) a document that could have been given in evidence by\nor against BSAL if there had been no transfer may be\ngiven in evidence by or against ABAL; and\n(l) ABAL may execute an instrument discharging, surrendering,\ntransferring or otherwise dealing with a transferred asset or\nliability in its own name, in the BSAL's name, or if the asset\nor liability is held in the name of a predecessor in title to\nBSAL, in the name of the predecessor in title.\nDirect payment orders to accounts transferred to BSAL\n9. An instruction, order or mandate for payments to be made to an\naccount at BSAL is, if the account at BSAL is transferred to ABAL under\nthis Act, taken to be an instruction, order of mandate for the payment to be\nmade to the account at ABAL.\nRegistration of title, etc\n10. (1) The Registrar-General or other person required or\nauthorised by law to register or record transactions affecting assets or\nliabilities—\n(a) may (without formal application) register or record in the\nappropriate manner the transfer of an asset or liability under\nthis Act; and\n(b) must, on application by ABAL, register or record in the\nappropriate manner the transfer of an asset or liability under\nthis Act.\n(2) A transaction related to a transferred asset or transferred\nliability entered into by ABAL in BSAL's name or the name of a predecessor\nin title to BSAL, if effected by an instrument otherwise in registrable form,\nmust be registered even though ABAL has not been registered as proprietor\nof the asset.\nExclusion of obligation to enquire\n11. (1) A person dealing with ABAL is not obliged to enquire\nwhether an asset to which the transaction relates is or is not a transferred\nasset.\n(2) A person dealing with BSAL is not obliged to enquire whether\nan asset to which the transaction relates is or is not a transferred asset.\n(3) If BSAL was entitled to an asset before the appointed day, and\nafter that day, BSAL or ABAL purports to deal with the asset as if entitled to\nit, the transaction is valid even though the body corporate purporting to deal\nwith the asset is not entitled to do so because the asset is, or is not, a\ntransferred asset.\n(4) However, this section does not validate a transaction if the\nparty dealing with BSAL has actual notice of the deficiency of title, or acts\nfraudulently.\n9\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\nSch. 1\nPART 3\nGOVERNMENT GUARANTEE\nGovernment guarantee\n12. (1) The Treasurer guarantees that ABAL will satisfy\ntransferred liabilities that were formerly guaranteed under section 20 of the\nState Bank (Corporatisation) Act 1994.\n(2) Any money required under the guarantee is to be paid out of\nthe Consolidated Account (which is appropriated to the necessary extent).\n(3) Subject to the following qualifications, the guarantee expires\non 1 July 1999—\n(a) if a written demand is made not later than 30 June 1999 for\npayment of a guaranteed liability falling due on or before that\ndate, the guarantee continues in relation to the liability; and\n(b) if a written demand is made for payment of a guaranteed\nliability not later than six months after the liability falls due,\nthe guarantee continues in relation to the liability even\nthough—\n(i) the demand is made on or after 1 July 1999; or\n(ii) the liability falls due on or after 1 July 1999.\n(4) For the purposes of subsection (3)—\n(a) a guaranteed liability is taken to fall due when the person is\nwhose favour the liability exists first becomes entitled to\nrequire payment in discharge of the liability; and\n(b) where a guaranteed liability falls due by virtue of service fo a\nwritten notice or demand, the notice or demand constitutes a\nwritten demand for payment of the liability.\n(5) For the purposes of this section, payments or transfers of\nmoney from an account at ABAL containing a deposit guaranteed under this\nsection are taken to diminish the guaranteed liability before any liability not\nguaranteed under this section.\n(6) If the Treasurer makes a payment to a person under the\nguarantee, the Treasurer is subrogated, to the extent of the payment, to the\nperson's rights (including rights of priority as a creditor in a winding-up) in\nrespect of the liability guaranteed.\n(7) In this section—\n\"deposit\" includes money on current account and the bonds known\nas Term Bonds but does not include any other bond issue, note\nissue or other raising of capital in the capital markets.\n10\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\nSch. 1\nPART 4\nSTAFF\nDIVISION 1—TRANSFER OF STAFF\nTransfer of staff\n13. (1) The CEO may, by order in writing, transfer employees of\nBSAL to positions in the employment of ABAL or an ABAL subsidiary.\n(2) An order under this section—\n(a) must relate to all employees employed by BSAL at the date\nof the order; and\n(b) must be made within 12 months after the appointed day.\n(3) An employee to whom an order under this section relates\nceases to be an employee of BSAL and becomes, in accordance with the\norder, an employee of ABAL or an ABAL subsidiary.\n(4) A transfer under this section does not—\n(a) affect the employee's remuneration; or\n(b) interrupt continuity of service; or\n(c) constitute a retrenchment or redundancy; or\n(d) affect terms or conditions of employment; or\n(e) affect rights accrued at the date of the transfer in respect of\nemployment; or\n(f) give rise to a superannuation entitlement or any other\nentitlement or remedy for cessation or change of\nemployment.\n(5) A transfer under this section must not involve—\n(a) a reduction in the employee's status; or\n(b) a change in the employee's duties that would be unreasonable\nhaving regard to the employee's skills, ability and experience;\nor\n(c) a change in the employee's place of employment unless—\n(i) the change is in accordance with existing terms of\nemployment; or\n(ii) the new place of employment is within reasonable\ncommuting distance from the employee's former place\nof employment.\n11\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\nSch. 1\n(6) However—\n(a) an employee's status is not reduced by—\n(i) a reduction in the scope of business operations for\nwhich the employee is responsible; or\n(ii) a reduction in the number of employees under the\nemployee's supervision or management,\nif the general nature of the employee's responsibility after\nthe transfer remains the same as, or similar to, the\nemployee's responsibility before the transfer; and\n(b) the transfer of an employee under this section does not affect\na power to vary terms and conditions of employment.\n(7) On the transfer of an employee to the employment of a new\nemployer under this section, all existing and accruing liabilities related to the\nemployee's employment are transferred to the new employer.\nDirectors, secretaries and auditors\n14. A director, secretary or auditor of BSAL does not become a\ndirector, secretary or auditor of ABAL as a result of a transfer of employment\nunder this Part.\nDIVISION 2—SUPERANNUATION\nDefinitions\n15. In this Division—\n\"ABAL\" includes an ABAL subsidiary;\n\"ABAL group\" means ABAL and its subsidiaries;\n\"State Scheme\" means the superannuation scheme established\nunder the Superannuation Act 1988;\n\"scheduled provisions\" means the provisions in Schedule 2 of the\nState Bank (Corporatisation) Act 1994;\n\"superannuation rights\" means rights in relation to\nsuperannuation (including, where applicable, rights under the State\nScheme).\nPreservation of superannuation rights\n16. (1) The superannuation rights of employees who are\ntransferred from the BSAL's employment to ABAL's employment under this\nAct are unaffected by this Act.\n(2) If an employee has rights under the State Scheme, those rights\nare unaffected by transfer of employment within the ABAL group.\n(3) The scheduled provisions are to be read subject to\namendments prescribed by regulation.\n12\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\nSch. 1\nPART 5\nMISCELLANEOUS\nStamp duty and other taxes\n17. (1) No stamp duty, financial institutions duty, or debits tax is\npayable under a law of the State in respect of—\n(a) a transfer of assets or liabilities under this Act; or\n(b) an application or entry made, receipt given, or anything else\ndone for the purpose of acknowledging, evidencing,\nrecording, registering, or giving effect to a transfer of assets\nor liabilities under this Act.\n(2) No obligation arises under an Act for the assessment or\nimposition of stamp duty, financial institutions duty or debits tax—\n(a) to lodge a statement or return relating to a transfer of assets\nor liabilities under this Act; or\n(b) to include information about such a transfer in a statement or\nreturn.\nEvidence\n18. (1) The CEO may issue a certificate certifying that specified\nassets or liabilities are, or are not, transferred assets or transferred liabilities.\n(2) An apparently genuine document purporting to be a certificate\nunder subsection (1) must be accepted in legal proceedings or by an\nadministrative official as proof of the matter certified in the absence of proof\nto the contrary.\n(3) The transfer of BSAL's undertaking to ABAL does not affect\nthe character that records made by BSAL or a bank from which BSAL\nacquired the records may have as banking records for the purposes of the law\nof evidence.\nAct overrides other laws\n19. This Act has effect despite the Real Property Act 1886 or any\nother law.\nEffect of things done or allowed under Act\n20. Nothing done or allowed under this Act—\n(a) constitutes a breach or, or default under, an Act or other law;\nor\n(b) constitutes a breach of, or default under, a contract,\nagreement, understanding or undertaking; or\n(c) constitutes a breach of a duty of confidence (whether arising\nby contract, in equity or by custom) or in any other way; or\n(d) constitutes a civil or criminal wrong; or\n13\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\nSch. 1\n(e) terminates an agreement or obligation or fulfils any condition\nthat allows a person to terminate an agreement or obligation,\nor gives rise to any other right or remedy; or\n(f) releases a survey or any other obligee wholly or in part from\nan obligation.\nName in which ABAL carries on business\n21. (1) ABAL may carry on business in the State under any of the\nfollowing names—\n(a) its own name; or\n(b) Bank of South Australia; or\n(c) BankSA; or\n(d) any other name registered under the Business Names Act\n1963.\n(2) Bank of South Australia and BankSA must, on application by\nABAL, be registered as business names under the Business Names Act 1963.\nRegulations and proclamations\n22. The Governor may make regulations and proclamations for\nthe purposes of this Act.\nSCHEDULE\nExcluded Assets and Liabilities\nThe following are classified as excluded assets or liabilities (as the case\nrequires)—\n(a) BSAL's rights and liabilities under leasing and finance plan\ntypes 43, 49, 50, 51, 52, 53, 54 and 56 and under managed\nplan types 55 and 57;\n(b) BSAL's liabilities under its issued shares;\n(c) the shares in BSAL Financial Services Limited owned by\nBSAL;\n(d) all rights and liabilities in relation to BSAL's employees;\n(e) cash equal to the BSAL's retained earnings as at the\nappointed day.\nIn the name and on behalf of Her Majesty, I hereby assent to this Bill.\nROMA MITCHELL Governor\n═══════════════\n14\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\nEndnotes\nENDNOTES\n1. General Information\nMinister's second reading speech—\nLegislative Assembly: 12 September 1996\nLegislative Council: 15 October 1996\nThe long title for the Bill for this Act was \"to extend the operation of a South\nAustralian Act dealing with the merger of the Bank of South Australia and\nAdvance Bank and for other purposes.\"\nThe Bank of South Australia and Advance Bank Act 1996 was assented to\non 29 October 1996 and came into operation as follows:\nSs. 1 and 2 on 29 October 1996: S. 2(1);\nRest of Act on 1 November 1996: Government Gazette 28 November 1996\npage 3034.\n15\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\nEndnotes\n2. Table of Amendments\nThere are no amendments made to the Bank of South Australia and\nAdvance Bank Act 1996 by Acts and subordinate instruments.\n16\n\nBank of South Australia and Advance Bank Act 1996\nNo. 33 of 1996\nEndnotes\n3. Explanatory Details\nNo entries at date of publication.\n17","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the limited text available, there is no evidence the scope of the Act changed from its original intent. It appears to remain as enacted in 1996 (Act number 33/1996), with no visible amendments altering its purpose."},"complexity_factors":["Highly limited legislative text provided — full analysis not possible from the excerpt given","Banking law involves specialised regulatory and corporate law concepts","Merger and transfer legislation often contains complex provisions about legal continuity of obligations","May interact with federal banking legislation (e.g., Banking Act 1959) creating jurisdictional complexity","Historical context (1996 banking consolidation era) may require background knowledge to fully understand"],"plain_english_summary":"The Act confirms the legal effects of the 1996 merger chain by which Advance Bank (which had absorbed the Bank of South Australia) became part of Westpac. It ensures contracts, loans, accounts, assets and liabilities transfer smoothly, protects employees’ and customers’ rights, and preserves enforceability for shareholders and creditors. It matters because it prevents legal gaps or challenges that could disrupt obligations and access to banking services."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument intentionally changes scope by making the South Australian Bank Merger Act operate in Victoria (s 1; s 4(1)), but not identically. Key South Australian provisions are modified or excluded when applied in Victoria (s 4(2)(a)–(h)). Notably, the South Australian government guarantee (Sch 1, s 12) is not applied as a law of Victoria (s 4(2)(d)), while registrars and the Registrar-General are required to make recordings or entries in Victoria (Victorian s 5), and the Acts Interpretation Act 1915 (SA) governs interpretation of the extended Act (s 4(3)). The CEO retains decision-making power over transfer terms (Sch 1, s 7) and employee transfers (Sch 1, s 13), affecting who decides and operationalises the transfers; obligations on registries and the CEO create the practical compliance tasks for agencies and the merging banks."},"complexity_factors":["Cross-jurisdictional extension: applies a South Australian Act in Victoria 'as if' it were Victorian law, with special reading rules (s 4(1)–(3)).","Multiple, specific textual modifications when applied in Victoria (s 4(2)(a)–(h)) increasing interpretive complexity.","Vesting mechanism that transfers all non-excluded assets and liabilities and discharges the transferor (Sch 1, s 6(1)–(3)), interacting with existing contracts and securities (Sch 1, ss 8(d)–(g)).","Significant executive discretion: CEO may fix terms of transfer and transfer staff by written order (Sch 1, ss 7; 13(1)–(3)).","Registration and administrative steps required of registrars and the Registrar-General to record transfers (Victorian s 5; Sch 1, s 10), plus evidentiary certificates issued by the CEO (Sch 1, s 18).","Staff and superannuation protections with detailed constraints on status, duties and continuity of service (Sch 1, ss 13; 16), creating employment-law interactions.","Government guarantee exists in the South Australian Act (Sch 1, s 12) but is excluded for Victoria by this Act (s 4(2)(d)), producing asymmetric fiscal exposure across jurisdictions.","Tax and duty carve-outs (Sch 1, s 17) and express overrides of other laws (Sch 1, s 19) require careful interaction with revenue and property statutes.","Use of another jurisdiction's interpretation Act for extended application (s 4(3)) complicates statutory interpretation.","A schedule of excluded assets/liabilities defines boundaries of transfer (Sch 1 Schedule), adding transactional detail to the vesting operation."],"plain_english_summary":"**What this law does:** This Act makes a South Australian statute that transfers the Bank of South Australia's banking business into Advance Bank operate in Victoria as if it were a Victorian law, subject to specified changes. It gives the mechanical effect of moving assets, liabilities, customer accounts and staff, and of adjusting registration and evidentiary rules so the merger works across borders.\n\n**Who it affects and why it matters:** It affects the two banks, their customers, transferred employees, land and title registries, and government agencies (for registration, certificates and tax/guarantee treatment)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the 1996 merger between Bank of South Australia and Advance Bank. The Victorian Act is purely a 'mirror' or 'application' statute that extends the South Australian merger law to Victoria. There is no evidence of scope creep; the Act has not been amended since 1996 and serves only this specific historical transaction."},"complexity_factors":["The Victorian Act itself is short (5 sections) but imports an entire South Australian Act as Schedule 1, creating a 'legislation by reference' structure","Schedule 1 contains 22 sections plus a Schedule of excluded assets, with 17 defined terms in the interpretation section","Complex conditional modifications in section 4(2) requiring cross-reading between Victorian and South Australian provisions (8 specific modifications listed)","Extensive transitional provisions in section 8 of Schedule 1 covering 12 different scenarios (instruments, banker-customer relationships, securities, negotiable instruments, legal proceedings, etc.)","Nested exceptions in staff transfer provisions (section 13) with 6 protective conditions and 2 further exceptions to those conditions","Interaction between three jurisdictions: Victorian Act modifies South Australian Act which references Commonwealth Corporations Law","Temporal complexity with 'appointed day' mechanics and 12-month window for staff transfers"],"plain_english_summary":"**What this legislation does:**\n\nThis is a Victorian law that rubber-stamps a bank merger that happened in 1996. It allows a South Australian law (the *Bank Merger (BankSA and Advance Bank) Act 1996*) to operate in Victoria as if it were Victorian law.\n\n**The merger:**\n- **Bank of South Australia Ltd** (BankSA) was a South Australian bank\n- **Advance Bank of Australia Ltd** was a New South Wales bank\n- They agreed to merge, with Advance Bank taking over BankSA's banking business\n\n**What the Victorian Act actually does:**\n\n1. **Adopts the South Australian law** – It imports the entire South Australian merger legislation into Victorian law, with some tweaks:\n   - References to \"South Australia\" become \"Victoria\"\n   - The Victorian Registrar-General handles land title changes instead of the South Australian one\n   - The South Australian government guarantee for deposits doesn't apply in Victoria\n   - Victorian business names laws apply instead of South Australian ones\n\n2. **Helps with land transfers** – It directs the Victorian Registrar of Titles and Registrar-General to update land records when property owned by BankSA transfers to Advance Bank.\n\n**Who it affects:**\n- Customers of BankSA in Victoria (their accounts, loans, and mortgages automatically moved to Advance Bank)\n- BankSA employees in Victoria (their jobs transferred to Advance Bank)\n- Anyone with legal dealings involving BankSA's Victorian assets or liabilities\n\n**Why it matters:**\nWithout this law, the merger would have been legally messy in Victoria. Contracts, mortgages, and employment agreements would need to be individually transferred. This law makes the transfer automatic and seamless, ensuring customers don't need to sign new paperwork and employees keep their jobs and benefits.\n\nThe South Australian law (attached as Schedule 1) does the heavy lifting: it transfers all BankSA's assets and liabilities to Advance Bank, moves staff across, preserves their superannuation, and ensures the merger doesn't trigger stamp duty or break existing contracts."}},"importantCases":[],"_links":{"self":"/api/acts/bank-of-south-australia-and-advance-bank-act-1996","history":"/api/acts/bank-of-south-australia-and-advance-bank-act-1996/history","analysis":"/api/acts/bank-of-south-australia-and-advance-bank-act-1996/analysis","conflicts":"/api/acts/bank-of-south-australia-and-advance-bank-act-1996/conflicts","importantCases":"/api/acts/bank-of-south-australia-and-advance-bank-act-1996/important-cases","documents":"/api/acts/bank-of-south-australia-and-advance-bank-act-1996/documents"}}