NORTHERN TERRITORY OF AUSTRALIA
ADVANCE BANK INTEGRATION ACT 1998
As in force at 28 May 2012
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Purpose ........................................................................................... 1
4 Interpretation ................................................................................... 1
5 Act binds Crown .............................................................................. 3
Part 2 Reorganisation
6 Consequence of succession day ..................................................... 3
7 Name in which SGB carries on business......................................... 4
Part 3 Payment of amount in lieu of Territory
taxes and charges
8 Payment of amount in lieu of Territory taxes and charges ............... 4
Part 4 Miscellaneous
9 Certificates evidencing operation of Act, &c. ................................... 5
10 Registration of title, &c. .................................................................... 6
11 Act has effect despite other laws ..................................................... 6
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 28 May 2012
ADVANCE BANK INTEGRATION ACT 1998
An Act to provide for the merger of the Advance Bank of Australia
Limited with St. George Bank Limited and for related purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Advance Bank Integration Act 1998.
2 Commencement
This Act comes into operation on the succession day.
3 Purpose
The purpose of this Act is to facilitate the integration of Advance
Bank Australia Limited into St. George Bank Limited.
4 Interpretation
(1) In this Act, unless the contrary intention appears:
ABAL means Advance Bank Australia Limited (A.C.N. 002 953
335).
asset means property, or a right, of any kind, and includes:
(a) any legal or equitable estate or interest (whether present or
future, vested or contingent, tangible or intangible, in real or
personal property of any kind;
(b) any chose in action;
(c) any right, interest or claim of any kind, including rights,
interests or claims in or in relation to property (whether arising
under an instrument or otherwise, and whether liquidated or
unliquidated, certain or contingent, accrued or accruing); and
(d) any asset within the meaning of Part IIIA of the Income Tax
Assessment Act 1936 of the Commonwealth.
Part 1 Preliminary
Advance Bank Integration Act 1998 2
business, in relation to ABAL, includes the assets and liabilities of
ABAL.
chief executive officer, in relation to SGB, means the officer
having the day to day management of the affairs of the bank and
includes an officer acting from time to time in that capacity.
NSW Regulation means the Bank Mergers (Advance Bank)
Regulation 1997 made under the Bank Mergers Act 1996 of New
South Wales or, if that Regulation is amended, that Regulation as
amended and in force for the time being.
instrument includes a document and an oral agreement.
interest, in relation to land, includes:
(a) a legal or equitable estate or interest in the land; and
(b) a right, power or privilege over, or in relation to, the land.
liability includes a duty or obligation of any kind (whether arising
under an instrument or otherwise, and whether actual, contingent or
prospective).
SGB means St. George Bank Limited (A.C.N. 055 513 070).
succession day means the day fixed under clause 3 of the NSW
Regulation as the succession day for SGB and ABAL.
translated asset, in relation to SGB, means an asset that has
become, under the NSW Regulation, an asset of SGB.
translated liability, in relation to SGB, means a liability that has
become, under the NSW Regulation, a liability of SGB.
translated instrument, in relation to ABAL, means an instrument
(including a legislative instrument other than this Act or the NSW
Regulation) subsisting immediately before the succession day:
(a) to which ABAL is a party;
(b) that was given to, by or in favour of, ABAL;
(c) that refers to ABAL; or
(d) under which money is, or may become, payable, or other
property is, or may become, liable to be transferred, to or by
ABAL.
Part 2 Reorganisation
Advance Bank Integration Act 1998 3
(2) Where reference is made in this Act to anything done for a purpose
connected with, or arising out of, the operation or effect of this Act,
that reference is taken to include any transaction entered into, or
any instrument or document made, executed, lodged or given for
that purpose.
5 Act binds Crown
This Act binds the Crown not only in right of the Territory but, so far
as the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
Part 2 Reorganisation
6 Consequence of succession day
On the succession day under the NSW Regulation in accordance
with the principle of succession in law:
(a) SGB becomes the successor in law of ABAL and is for all
purposes a continuation of and the same legal entity as ABAL;
(b) ABAL is liquidated and dissolved;
(c) all assets of ABAL, wherever located, vest in, or are otherwise
available for the use of, SGB without the need for any
conveyance, transfer, assignment or assurance and without
the need for any prior notice or further act;
(d) all liabilities of ABAL, wherever located, become liabilities of
SGB without the need for any prior notice or further act;
(e) each translated instrument in respect of ABAL continues to
have effect, according to its tenor, on and after the succession
day, as if a reference in the instrument to ABAL were a
reference to SGB;
(f) on and after the succession day, a place that, immediately
before that day, was a place of business for ABAL is taken to
be a place of business for SGB; and
(g) where, immediately before the succession day:
(i) proceedings (including arbitration proceedings) to which
ABAL was a party were pending or existing in any court
or tribunal, SGB is, on that day, substituted for ABAL as
a party to the proceedings and has the same rights in
the proceedings as ABAL had; and
Part 3 Payment of amount in lieu of Territory taxes and charges
Advance Bank Integration Act 1998 4
(ii) documentary or other evidence would have been
admissible for or against the interests of ABAL, that
evidence is admissible, on or at any time after that day,
for or against the interests of SGB.
7 Name in which SGB carries on business
(1) SGB may carry on business in the Territory under any of the
following names:
(a) Advance Bank Australia;
(b) Bank of South Australia;
(c) BankSA;
(d) another name registered by SGB under the Business Names
Registration Act 2011 (Cth).
(2) "Advance Bank Australia", "Bank of South Australia" and "BankSA"
must, on application by SGB, be registered as business names
under the Business Names Act 2007.
(3) For a period of 6 months beginning on the succession day, SGB
may also carry on business in the Territory under either of the
following names as if the names were registered as business
names of SGB under the Business Names Act 2007:
(a) "Advance Bank Australia Limited";
(b) "BankSA a Division of Advance Bank Australia Limited".
Part 3 Payment of amount in lieu of Territory taxes
and charges
8 Payment of amount in lieu of Territory taxes and charges
(1) SGB must pay to the Treasurer a sum that, in the opinion of the
Treasurer, is equal to the amount of taxes, duties and charges that
SGB would have been liable to pay under the law of the Territory if
the business of ABAL and any translated asset and translated
liability had vested in SGB by way of a normal commercial
transaction.
(2) The amount payable under subsection (1) is to be determined by
the Treasurer in accordance with principles that the Treasurer
thinks appropriate.
Part 4 Miscellaneous
Advance Bank Integration Act 1998 5
(3) The Treasurer may give a certificate to SGB when satisfied that the
sum due under subsection (1) has been paid stating that the sum
due under the subsection has been paid.
(4) Any obligation on SGB arising under an Act for the assessment or
imposition of stamp duty, financial institution duty or debits tax:
(a) to lodge a statement or return relating to the vesting of the
business of ABAL or any translated asset or any translated
liability in SGB; or
(b) to include information about the vesting in a statement or
return,
ceases on payment of the amount determined under subsection (1).
(5) This section does not apply to fees payable:
(a) to the Registrar-General in respect of an act, dealing or other
transaction relating to land; or
(b) under the Motor Vehicles Act 1949 in respect of the transfer of
a motor vehicle.
(6) The sum payable under subsection (1) is a debt due and payable
by SGB to the Territory.
Part 4 Miscellaneous
9 Certificates evidencing operation of Act, &c.
(1) The chief executive officer of SGB may, by certificate signed by that
person, certify any matter in relation to the operation or effect of this
Act and, in particular, may certify that:
(a) a specified matter or thing relevant to SGB is an aspect of the
operation or effect of this Act;
(b) a specified thing was done for a purpose connected with, or
arising out of, the operation or effect of this Act in relation to
SGB;
(c) a specified asset of ABAL has become a translated asset of
SGB; or
(d) a specified liability of ABAL has become a translated liability of
SGB.
Part 4 Miscellaneous
Advance Bank Integration Act 1998 6
(2) The chief executive officer of SGB may certify that specified assets
or liabilities are, or are not, assets or liabilities that vested in ABAL
under the Bank of South Australia (Merger with Advance Bank)
Act 1996.
(3) A certificate under subsection (1) or (2) must be accepted in legal
proceedings and by an administrative official as evidence of the
matter certified.
(4) An apparently genuine document purporting to be a certificate
under subsection (1) or (2) is, unless the contrary is established, to
be taken to be the certificate.
(5) Nothing done by or under this Act or under the NSW Regulation
affects the character that records made by ABAL or an ADI from
which ABAL acquired the records may have as ADI records for the
purposes of the law of evidence.
10 Registration of title, &c.
(1) The Registrar-General or other person required or authorised by
law to register or record transactions affecting assets or liabilities:
(a) may (without formal application) register or record in the
appropriate way the vesting of a translated asset or translated
liability; and
(b) must, on written application by SGB, register or record in the
appropriate way the vesting of a translated asset or translated
liability.
(2) A transaction related to a translated asset or translated liability
entered into by SGB in ABAL’s name or the name of a predecessor
in title to ABAL, if effected by an instrument otherwise in registrable
form, must be registered even though SGB has not been registered
as proprietor of the asset.
11 Act has effect despite other laws
(1) This Act has effect in spite of anything in any contract, deed,
undertaking, agreement or other instrument.
(2) Nothing done by or under this Act or under the NSW Regulation:
(a) places SGB, ABAL or another person in breach of contract or
confidence or otherwise makes any of them guilty of a civil
wrong; or
Part 4 Miscellaneous
Advance Bank Integration Act 1998 7
(b) places SGB, ABAL or another person in breach of:
(i) any law of the Northern Territory; or
(ii) any contractual provision prohibiting, restricting or
regulating the assignment or transfer of any asset or
liability or the disclosure of any information; or
(c) releases any surety, wholly or partly, from all or any of the
surety’s obligations.
(3) Without limiting subsection (1), where, apart from this section, the
advice or consent of a person would be necessary in a particular
respect, the advice is taken to have been obtained or the consent is
taken to have been given, as the case requires.
ENDNOTES
Advance Bank Integration Act 1998 8
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Advance Bank Integration Act 1998 (Act No. 10, 1998)
Assent date 30 March 1998
Commenced 1 April 1998 (s 2)
Statute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)
Assent date 13 September 2002
Commenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)
Business Names (National Uniform Legislation) Implementation Act 2012 (Act No. 8,
2012)
Assent date 27 April 2012
Commenced pts 3 and 4: 28 May 2012 (Cth proclamation F2012L00891:
19 April 2012) ; rem: 27 April 2012 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 7 and 9.
4 LIST OF AMENDMENTS
s 7 amd No. 8, 2012, s 30
s 9 amd No. 38, 2002, s 6