Preliminary

sec.1 Short title

This Act may be cited as the Australia and New Zealand Banking Group Limited (NMRB) Act 1991 .

sec.2 Object

The object of this Act is to vest the undertaking of NMRB in ANZ and to vest part of the undertaking of NMR Savings Bank in ANZ and the other part in ANZ Savings Bank.

sec.3 Definitions

In this Act— ANZ means Australia and New Zealand Banking Group Limited; ANZ Savings Bank means Australia and New Zealand Savings Bank Limited; appointed day means the day appointed under section 33 ; category A liabilities means the liabilities described in Part 1 of the Schedule; category A property means the property described in Part 2 of the Schedule; category A undertaking of NMR Savings Bank means all of the category A property vested in or belonging to or held by NMR Savings Bank immediately before the appointed day and all of the category A liabilities to which NMR Savings Bank is subject immediately before that day; category B undertaking of NMR Savings Bank means the business and all of the property of NMR Savings Bank (except any category A property and any right or power of NMR Savings Bank relating to any category A property and any excluded asset and any right or power of NMR Savings Bank relating to any excluded asset) vested in or belonging to or held by that bank immediately before the appointed day and all of the liabilities (except category A liabilities) to which NMR Savings Bank is subject immediately before that day; chief executive officer , in relation to a bank, means the officer in charge of the day to day management of the affairs of that bank or a person appointed by the officer in writing; excluded assets means any of the following— any document required to be kept by NMRB or by NMR Savings Bank under the Corporations Law or otherwise by law; any land that, immediately before the appointed day, is vested in, belongs to, or is held by, NMRB or NMR Savings Bank otherwise than by way of security and while so continuing to be vested in, belonging to, or held by, such bank after that day; shares (including redeemable preference shares) held by NMRB in— NMR Savings Bank; ANZ Capel Court Limited; NMRB Management Services Limited; NMRB Investments Limited; NMRB Finance Limited; RBC Australia Finance Limited; Royaust Management Limited (in liquidation); Royaust Properties Pty Limited (in liquidation); Funds Transfer Services (Australia) Limited; The Yulara Development Company Limited; shares held by NMR Savings Bank in— NMRB Insurance (Agents) Pty Limited; NMRB Travel Services Pty Limited (in liquidation); Ecomel Pty Limited; Elgeba Pty Limited; Excelsior Holdings Pty Limited (in liquidation); FTS (NSW) LTD; land includes any estate, interest or right (whether legal or equitable) in, over or under any real or leasehold property; liabilities includes duties and obligations of every description, whether actual, contingent or prospective, but does not include any duty or obligation relating to an excluded asset; NMRB means National Mutual Royal Bank Limited; NMR Savings Bank means National Mutual Royal Savings Bank Limited; property means property and assets of every description, and includes securities, rights and powers of every description; security includes a mortgage (whether legal or equitable), charge, debenture, bill of exchange, promissory note, guarantee, lien, pledge or other means of securing the payment of a debt, whether present or future, or the discharge of an obligation or liability, whether actual or contingent; undertaking of NMRB means the business and all of the property of NMRB (except any excluded asset and any right or power of NMRB relating to any excluded asset) vested in or belonging to or held by that bank immediately before the appointed day and all of the liabilities to which that bank is subject immediately before that day.

• (a) any document required to be kept by NMRB or by NMR Savings Bank under the Corporations Law or otherwise by law;
• (b) any land that, immediately before the appointed day, is vested in, belongs to, or is held by, NMRB or NMR Savings Bank otherwise than by way of security and while so continuing to be vested in, belonging to, or held by, such bank after that day;
• (c) shares (including redeemable preference shares) held by NMRB in— (i) NMR Savings Bank; (ii) ANZ Capel Court Limited; (iii) NMRB Management Services Limited; (iv) NMRB Investments Limited; (v) NMRB Finance Limited; (vi) RBC Australia Finance Limited; (vii) Royaust Management Limited (in liquidation); (viii) Royaust Properties Pty Limited (in liquidation); (ix) Funds Transfer Services (Australia) Limited; (x) The Yulara Development Company Limited;
• (i) NMR Savings Bank;
• (ii) ANZ Capel Court Limited;
• (iii) NMRB Management Services Limited;
• (iv) NMRB Investments Limited;
• (v) NMRB Finance Limited;
• (vi) RBC Australia Finance Limited;
• (vii) Royaust Management Limited (in liquidation);
• (viii) Royaust Properties Pty Limited (in liquidation);
• (ix) Funds Transfer Services (Australia) Limited;
• (x) The Yulara Development Company Limited;
• (d) shares held by NMR Savings Bank in— (i) NMRB Insurance (Agents) Pty Limited; (ii) NMRB Travel Services Pty Limited (in liquidation); (iii) Ecomel Pty Limited; (iv) Elgeba Pty Limited; (v) Excelsior Holdings Pty Limited (in liquidation); (vi) FTS (NSW) LTD;
• (i) NMRB Insurance (Agents) Pty Limited;
• (ii) NMRB Travel Services Pty Limited (in liquidation);
• (iii) Ecomel Pty Limited;
• (iv) Elgeba Pty Limited;
• (v) Excelsior Holdings Pty Limited (in liquidation);
• (vi) FTS (NSW) LTD;
• (i) NMR Savings Bank;
• (ii) ANZ Capel Court Limited;
• (iii) NMRB Management Services Limited;
• (iv) NMRB Investments Limited;
• (v) NMRB Finance Limited;
• (vi) RBC Australia Finance Limited;
• (vii) Royaust Management Limited (in liquidation);
• (viii) Royaust Properties Pty Limited (in liquidation);
• (ix) Funds Transfer Services (Australia) Limited;
• (x) The Yulara Development Company Limited;
• (i) NMRB Insurance (Agents) Pty Limited;
• (ii) NMRB Travel Services Pty Limited (in liquidation);
• (iii) Ecomel Pty Limited;
• (iv) Elgeba Pty Limited;
• (v) Excelsior Holdings Pty Limited (in liquidation);
• (vi) FTS (NSW) LTD;

sec.4 Act binds the Crown

This Act binds the Crown.

Vesting of undertaking of NMRB in ANZ

sec.5 Vesting of undertaking

On the appointed day, the undertaking of NMRB is divested from NMRB and vested in ANZ. The production of a copy of this Act printed by the Government Printer is on and after the appointed day conclusive evidence in all courts and tribunals and proceedings of the transfer to and the vesting in ANZ of that part of the undertaking of NMRB affected by the operation of subsection (1) . (sec.5-ssec.1) On the appointed day, the undertaking of NMRB is divested from NMRB and vested in ANZ. (sec.5-ssec.2) The production of a copy of this Act printed by the Government Printer is on and after the appointed day conclusive evidence in all courts and tribunals and proceedings of the transfer to and the vesting in ANZ of that part of the undertaking of NMRB affected by the operation of subsection (1) .

sec.6 Effect of contracts and instruments

All contracts, agreements, conveyances, deeds, leases, licences and other instruments or undertakings entered into by or made with, or addressed to, NMRB (whether alone or with any other person) in force immediately before the appointed day are on and after that day, to the extent that they were immediately before that day binding upon and enforceable by, or against, NMRB, binding and of full force and effect in every respect in favour of, or against, ANZ, as fully and effectually as if, instead of NMRB, ANZ had been a party or bound thereby or entitled to the whole or any portion of the benefit of the instrument or undertaking. Subsection (1) does not apply to any contract, agreement, conveyance, deed, lease or licence, or other instrument or undertaking, relating to an excluded asset or to a provident, benefit, superannuation or retirement fund. A director, secretary or auditor of NMRB is not merely because of this Act a director, secretary or auditor, as the case may be, of ANZ. (sec.6-ssec.1) All contracts, agreements, conveyances, deeds, leases, licences and other instruments or undertakings entered into by or made with, or addressed to, NMRB (whether alone or with any other person) in force immediately before the appointed day are on and after that day, to the extent that they were immediately before that day binding upon and enforceable by, or against, NMRB, binding and of full force and effect in every respect in favour of, or against, ANZ, as fully and effectually as if, instead of NMRB, ANZ had been a party or bound thereby or entitled to the whole or any portion of the benefit of the instrument or undertaking. (sec.6-ssec.2) Subsection (1) does not apply to any contract, agreement, conveyance, deed, lease or licence, or other instrument or undertaking, relating to an excluded asset or to a provident, benefit, superannuation or retirement fund. (sec.6-ssec.3) A director, secretary or auditor of NMRB is not merely because of this Act a director, secretary or auditor, as the case may be, of ANZ.

sec.7 Transitional provisions

Without limiting sections 5 and 6 , the following provisions have effect in relation to the banking business of NMRB— the relationship between NMRB and a customer or depositor at any office or branch or agency of that bank is, on and after the appointed day, between ANZ and that customer or depositor, and gives rise to the same rights and the same duties (including rights of set-off) as would have existed before that day if that relationship had been between ANZ and the customer or depositor, and so that any instruction, order, direction, mandate or authority given by that customer or depositor to NMRB and subsisting on or given after the appointed day is, unless and until revoked or cancelled, taken to have been given to ANZ; any security held by NMRB as security for the payment of debts or liabilities (whether present or future, certain or contingent) of any person is transferred or taken to be transferred to ANZ on the appointed day, and must be held by and be available to ANZ as security for the payment of those debts and liabilities to ANZ and, where the security extends to future advances to, or to future liabilities of, that person, the security must, on and after that day, subject to any agreement between ANZ and that person, be held by and be available to ANZ as security for future advances to that person by, and future liabilities of that person to, ANZ, to the same extent to which future advances by, or liabilities to, NMRB were secured immediately before that day; ANZ is, in relation to any security transferred or taken to have been transferred to it in accordance with, or by virtue of, this Act and the money thereby secured, entitled to the same rights and priorities and subject to the same obligations and incidents as NMRB would have been entitled and subject to, if the security had continued to be held by NMRB; the custody of any document, goods or thing held by NMRB as bailee for any other person at any office or branch or agency of NMRB is transferred or taken to be transferred to ANZ on the appointed day, and the rights and obligations of NMRB under any contract of bailment relating to the document, goods or thing are transferred or taken to be transferred on that day to ANZ; any negotiable instrument or order for payment of money, whether drawn, given, accepted or endorsed before, on or after the appointed day, that is expressed to be drawn by, drawn on, or given to, or accepted or endorsed by NMRB, or payable at any place of business of NMRB has the same effect on and after the appointed day as if it had been drawn by, drawn on, or given to, or accepted or endorsed by, ANZ, or payable at the same place of business of ANZ.

• (a) the relationship between NMRB and a customer or depositor at any office or branch or agency of that bank is, on and after the appointed day, between ANZ and that customer or depositor, and gives rise to the same rights and the same duties (including rights of set-off) as would have existed before that day if that relationship had been between ANZ and the customer or depositor, and so that any instruction, order, direction, mandate or authority given by that customer or depositor to NMRB and subsisting on or given after the appointed day is, unless and until revoked or cancelled, taken to have been given to ANZ;
• (b) any security held by NMRB as security for the payment of debts or liabilities (whether present or future, certain or contingent) of any person is transferred or taken to be transferred to ANZ on the appointed day, and must be held by and be available to ANZ as security for the payment of those debts and liabilities to ANZ and, where the security extends to future advances to, or to future liabilities of, that person, the security must, on and after that day, subject to any agreement between ANZ and that person, be held by and be available to ANZ as security for future advances to that person by, and future liabilities of that person to, ANZ, to the same extent to which future advances by, or liabilities to, NMRB were secured immediately before that day;
• (c) ANZ is, in relation to any security transferred or taken to have been transferred to it in accordance with, or by virtue of, this Act and the money thereby secured, entitled to the same rights and priorities and subject to the same obligations and incidents as NMRB would have been entitled and subject to, if the security had continued to be held by NMRB;
• (d) the custody of any document, goods or thing held by NMRB as bailee for any other person at any office or branch or agency of NMRB is transferred or taken to be transferred to ANZ on the appointed day, and the rights and obligations of NMRB under any contract of bailment relating to the document, goods or thing are transferred or taken to be transferred on that day to ANZ;
• (e) any negotiable instrument or order for payment of money, whether drawn, given, accepted or endorsed before, on or after the appointed day, that is expressed to be drawn by, drawn on, or given to, or accepted or endorsed by NMRB, or payable at any place of business of NMRB has the same effect on and after the appointed day as if it had been drawn by, drawn on, or given to, or accepted or endorsed by, ANZ, or payable at the same place of business of ANZ.

sec.8 Legal proceedings

This section applies to— any action, arbitration or proceeding or cause of action, arbitration or proceeding that is on the appointed day pending or existing by, against, or in favour of, NMRB; and any cause of action, arbitration or proceeding by, against, or in favour of, NMRB, that arises after the appointed day in relation to a contract made by NMRB before the appointed day or that arises in respect of anything done or omitted to be done by NMRB before the appointed day; but does not apply to any action, arbitration or proceeding or to any cause of action, arbitration or proceeding relating to an excluded asset. Any action, arbitration or proceeding and any cause of action, arbitration or proceeding to which this section applies, is not abated or discontinued or in any way prejudicially affected because of this Act, and they may, without any further act, deed or instrument other than any appropriate amendment of the records of the relevant court or tribunal, be prosecuted and continued and enforced by, against, or in favour of ANZ, in its own name as and when it might have been prosecuted, continued and enforced by, against, or in favour of, NMRB if this Act had not been enacted. Despite subsection (2) , the court, tribunal or other person making or entering any judgment, order or award for the payment of any sum of money, whether ascertained or to be ascertained, against ANZ in any action, arbitration or proceeding to which this section applies must, at the request of any party in whose favour the judgment, order or award is being made or entered, make or enter the judgment, order or award against both NMRB and ANZ, and the judgment, order or award may, when so made or entered, be enforced against both NMRB and ANZ. (sec.8-ssec.1) This section applies to— any action, arbitration or proceeding or cause of action, arbitration or proceeding that is on the appointed day pending or existing by, against, or in favour of, NMRB; and any cause of action, arbitration or proceeding by, against, or in favour of, NMRB, that arises after the appointed day in relation to a contract made by NMRB before the appointed day or that arises in respect of anything done or omitted to be done by NMRB before the appointed day; but does not apply to any action, arbitration or proceeding or to any cause of action, arbitration or proceeding relating to an excluded asset. (sec.8-ssec.2) Any action, arbitration or proceeding and any cause of action, arbitration or proceeding to which this section applies, is not abated or discontinued or in any way prejudicially affected because of this Act, and they may, without any further act, deed or instrument other than any appropriate amendment of the records of the relevant court or tribunal, be prosecuted and continued and enforced by, against, or in favour of ANZ, in its own name as and when it might have been prosecuted, continued and enforced by, against, or in favour of, NMRB if this Act had not been enacted. (sec.8-ssec.3) Despite subsection (2) , the court, tribunal or other person making or entering any judgment, order or award for the payment of any sum of money, whether ascertained or to be ascertained, against ANZ in any action, arbitration or proceeding to which this section applies must, at the request of any party in whose favour the judgment, order or award is being made or entered, make or enter the judgment, order or award against both NMRB and ANZ, and the judgment, order or award may, when so made or entered, be enforced against both NMRB and ANZ.

• (a) any action, arbitration or proceeding or cause of action, arbitration or proceeding that is on the appointed day pending or existing by, against, or in favour of, NMRB; and
• (b) any cause of action, arbitration or proceeding by, against, or in favour of, NMRB, that arises after the appointed day in relation to a contract made by NMRB before the appointed day or that arises in respect of anything done or omitted to be done by NMRB before the appointed day;

sec.9 Amendment of documents

Any party to any action, arbitration or proceeding relating to an excluded asset is entitled at any stage to amend any writ, pleading or other document filed by the party in the action, arbitration or proceeding by substituting for the name of ANZ the name of NMRB as party. No order is to be made against any party so amending to pay to ANZ or to NMRB any costs caused by that amendment. The action, arbitration or proceeding is to be continued as if NMRB had originally been made a party. (sec.9-ssec.1) Any party to any action, arbitration or proceeding relating to an excluded asset is entitled at any stage to amend any writ, pleading or other document filed by the party in the action, arbitration or proceeding by substituting for the name of ANZ the name of NMRB as party. (sec.9-ssec.2) No order is to be made against any party so amending to pay to ANZ or to NMRB any costs caused by that amendment. (sec.9-ssec.3) The action, arbitration or proceeding is to be continued as if NMRB had originally been made a party.

sec.10 Evidence

Any book or document that if this Act had not been enacted would have been evidence in respect of any matter for or against NMRB is, on and after the appointed day, to be admissible in evidence in respect of the same matter for or against ANZ. Without limiting subsection (1) , the books of account of NMRB are for the purposes of Division 6 of Part 5 of the Evidence Act 1977 taken to be books of account used in the ordinary business of ANZ. For the purposes of this section— books of account has the same meaning as in Division 6 of Part 5 of the Evidence Act 1977 . (sec.10-ssec.1) Any book or document that if this Act had not been enacted would have been evidence in respect of any matter for or against NMRB is, on and after the appointed day, to be admissible in evidence in respect of the same matter for or against ANZ. (sec.10-ssec.2) Without limiting subsection (1) , the books of account of NMRB are for the purposes of Division 6 of Part 5 of the Evidence Act 1977 taken to be books of account used in the ordinary business of ANZ. (sec.10-ssec.3) For the purposes of this section— books of account has the same meaning as in Division 6 of Part 5 of the Evidence Act 1977 .

sec.11 Construction of references

If any Act (other than this Act) or any document whenever made or executed (other than a document constituting or relating to a provident, benefit, superannuation or retirement fund) or any register established or kept under any Act contains any reference express or implied to NMRB, the reference is, on and after the appointed day, a reference to ANZ, except to the extent that the reference is in relation to an excluded asset or unless the context otherwise requires.

Vesting of undertaking of NMR Savings Bank in ANZ Savings Bank and ANZ

sec.12 Vesting of undertaking

On the appointed day, the category A undertaking of NMR Savings Bank is divested from NMR Savings Bank and vested in ANZ Savings Bank and the category B undertaking of NMR Savings Bank is divested from NMR Savings Bank and vested in ANZ. The production of a copy of this Act printed by the Government Printer is on and after the appointed day conclusive evidence in all courts and tribunals and proceedings of the transfer to and the vesting in ANZ Savings Bank of that part of the category A undertaking of NMR Savings Bank affected by the operation of subsection (1) . The production of a copy of this Act printed by the Government Printer is on and after the appointed day conclusive evidence in all courts and tribunals and proceedings of the transfer to and the vesting in ANZ of that part of the category B undertaking of NMR Savings Bank affected by the operation of subsection (1) . (sec.12-ssec.1) On the appointed day, the category A undertaking of NMR Savings Bank is divested from NMR Savings Bank and vested in ANZ Savings Bank and the category B undertaking of NMR Savings Bank is divested from NMR Savings Bank and vested in ANZ. (sec.12-ssec.2) The production of a copy of this Act printed by the Government Printer is on and after the appointed day conclusive evidence in all courts and tribunals and proceedings of the transfer to and the vesting in ANZ Savings Bank of that part of the category A undertaking of NMR Savings Bank affected by the operation of subsection (1) . (sec.12-ssec.3) The production of a copy of this Act printed by the Government Printer is on and after the appointed day conclusive evidence in all courts and tribunals and proceedings of the transfer to and the vesting in ANZ of that part of the category B undertaking of NMR Savings Bank affected by the operation of subsection (1) .

sec.13 Effect of contracts and instruments

All contracts, agreements, conveyances, deeds, leases, licences and other instruments or undertakings concerning or relating to the category A undertaking of NMR Savings Bank and entered into by, or made with, or addressed to, NMR Savings Bank (whether alone or with any other person) in force immediately before the appointed day are on and after that day, to the extent that they were immediately before that day binding upon and enforceable by, or against, NMR Savings Bank, binding and of full force and effect in every respect in favour of or against, ANZ Savings Bank, as fully and effectually as if, instead of NMR Savings Bank, ANZ Savings Bank had been a party or bound thereby or entitled to the whole or any portion of the benefit of the instrument or undertaking. All contracts, agreements, conveyances, deeds, leases, licences and other instruments or undertakings concerning or relating to the category B undertaking of NMR Savings Bank and entered into by, or made with, or addressed to, NMR Savings Bank (whether alone or with any other person) in force immediately before the appointed day are on and after that day, to the extent that they were immediately before that day binding upon and enforceable by, or against, NMR Savings Bank, binding and of full force and effect in every respect in favour of, or against, ANZ as fully and effectually as if, instead of NMR Savings Bank, ANZ had been a party or bound thereby or entitled to the whole or any portion of the benefit of the instrument or undertaking. Subsections (1) and (2) do not apply to any contract, agreement, conveyance, deed, lease or licence, or other instrument or undertaking, relating to an excluded asset. A director, secretary or auditor of NMR Savings Bank is not merely because of this Act a director, secretary or auditor, as the case may be, of ANZ Savings Bank or ANZ. (sec.13-ssec.1) All contracts, agreements, conveyances, deeds, leases, licences and other instruments or undertakings concerning or relating to the category A undertaking of NMR Savings Bank and entered into by, or made with, or addressed to, NMR Savings Bank (whether alone or with any other person) in force immediately before the appointed day are on and after that day, to the extent that they were immediately before that day binding upon and enforceable by, or against, NMR Savings Bank, binding and of full force and effect in every respect in favour of or against, ANZ Savings Bank, as fully and effectually as if, instead of NMR Savings Bank, ANZ Savings Bank had been a party or bound thereby or entitled to the whole or any portion of the benefit of the instrument or undertaking. (sec.13-ssec.2) All contracts, agreements, conveyances, deeds, leases, licences and other instruments or undertakings concerning or relating to the category B undertaking of NMR Savings Bank and entered into by, or made with, or addressed to, NMR Savings Bank (whether alone or with any other person) in force immediately before the appointed day are on and after that day, to the extent that they were immediately before that day binding upon and enforceable by, or against, NMR Savings Bank, binding and of full force and effect in every respect in favour of, or against, ANZ as fully and effectually as if, instead of NMR Savings Bank, ANZ had been a party or bound thereby or entitled to the whole or any portion of the benefit of the instrument or undertaking. (sec.13-ssec.3) Subsections (1) and (2) do not apply to any contract, agreement, conveyance, deed, lease or licence, or other instrument or undertaking, relating to an excluded asset. (sec.13-ssec.4) A director, secretary or auditor of NMR Savings Bank is not merely because of this Act a director, secretary or auditor, as the case may be, of ANZ Savings Bank or ANZ.

sec.14 Transitional provisions

Without limiting sections 12 and 13, and subject to subsections (3) and (4), the following provisions have effect in relation to the banking business of NMR Savings Bank— the relationship between NMR Savings Bank and a customer or depositor at any office or branch or agency of that bank is, to the extent that it relates to the category A undertaking of NMR Savings Bank, on and after the appointed day, between ANZ Savings Bank and that customer or depositor, and gives rise to the same rights and the same duties (including rights of set-off) as would have existed before that day if that relationship had been between ANZ Savings Bank and the customer or depositor, and so that any instruction, order, direction, mandate or authority given by that customer or depositor to NMR Savings Bank and subsisting on or given after the appointed day, is, unless and until revoked or cancelled, taken to have been given to ANZ Savings Bank; any security held by NMR Savings Bank as security for the payment of debts or liabilities (whether present or future, certain or contingent) of any person and that forms part of the category A undertaking of NMR Savings Bank is transferred or taken to be transferred to ANZ Savings Bank on the appointed day, and must be held by and be available to ANZ Savings Bank as security for the payment of those debts and liabilities to ANZ Savings Bank and, where the security extends to future advances to, or to future liabilities of, that person, the security must, on and after that day, subject to any agreement between ANZ Savings Bank and that person, be held by and be available to ANZ Savings Bank as security for future advances to that person by, and future liabilities of that person to, ANZ Savings Bank, to the same extent to which future advances by, or liabilities to, NMR Savings Bank were secured immediately before that day; ANZ Savings Bank is, in relation to any security transferred or taken to have been transferred to it in accordance with, or by virtue of, this Act and the money thereby secured, entitled to the same rights and priorities and subject to the same obligations and incidents as NMR Savings Bank would have been entitled and subject to, if the security had continued to be held by NMR Savings Bank; the custody of any document, goods or thing held by NMR Savings Bank as bailee for any other person at any office or branch or agency of NMR Savings Bank and that relates to or forms part of the category A undertaking of NMR Savings Bank, is transferred or taken to be transferred to ANZ Savings Bank on the appointed day, and the rights and obligations of NMR Savings Bank under any contract of bailment relating to the document, goods or thing are transferred or taken to be transferred on that day to ANZ Savings Bank; any negotiable instrument or order for payment of money that relates to or forms part of the category A undertaking of NMR Savings Bank, whether drawn, given, accepted or endorsed before, on or after the appointed day, that is expressed to be drawn by, drawn on, or given to, or accepted or endorsed by, NMR Savings Bank, or payable at any place of business of NMR Savings Bank has the same effect on and after the appointed day as if it had been drawn by, drawn on, or given to, or accepted or endorsed by, ANZ Savings Bank, or payable at the same place of business of ANZ Savings Bank. Without limiting sections 12 and 13, and subject to subsections (3) and (4), the following provisions have effect in relation to the banking business of NMR Savings Bank— the relationship between NMR Savings Bank and a customer or depositor at any office or branch or agency of that bank is, to the extent that it relates to the category B undertaking of NMR Savings Bank, on and after the appointed day, between ANZ and that customer or depositor, and gives rise to the same rights and the same duties (including rights of set-off) as would have existed before that day if that relationship had been between ANZ and the customer or depositor, and so that any instruction, order, direction, mandate or authority given by that customer or depositor to NMR Savings Bank and subsisting on or given after the appointed day, is, unless and until revoked or cancelled, taken to have been given to ANZ; any security held by NMR Savings Bank as security for the payment of debts or liabilities (whether present or future, certain or contingent) of any person and that forms part of the category B undertaking of NMR Savings Bank is transferred or taken to be transferred to ANZ on the appointed day, and must be held by and be available to ANZ as security for the payment of those debts and liabilities to ANZ and, where the security extends to future advances, to or to future liabilities of, that person, the security must, on and after that day, subject to any agreement between ANZ and that person, be held by and be available to ANZ as security for future advances to that person by, and future liabilities of that person to, ANZ, to the same extent to which future advances by, or liabilities to, NMR Savings Bank were secured immediately before that day; ANZ is, in relation to any security transferred or taken to have been transferred to it in accordance with, or by virtue of, this Act and the money thereby secured, entitled to the same rights and priorities and subject to the same obligations and incidents as NMR Savings Bank would have been entitled and subject to, if the security had continued to be held by NMR Savings Bank; the custody of any document, goods or thing held by NMR Savings Bank as bailee for any other person at any office or branch or agency of NMR Savings Bank and that relates to or forms part of the category B undertaking of NMR Savings Bank, is transferred or taken to be transferred to ANZ on the appointed day, and the rights and obligations of NMR Savings Bank under any contract of bailment relating to the document, goods or thing are transferred or taken to be transferred on that day to ANZ; any negotiable instrument or order for payment of money that relates to or forms part of the category B undertaking of NMR Savings Bank, whether drawn, given, accepted or endorsed before, on or after the appointed day, that is expressed to be drawn by, drawn on, or given to, or accepted or endorsed by, NMR Savings Bank, or payable at any place of business of NMR Savings Bank has the same effect on or after the appointed day as if it had been drawn by, drawn on, or given to, or accepted or endorsed by ANZ, or payable at the same place of business of ANZ. In cases where a security is transferred to ANZ Savings Bank under subsection (1) and it also secures or is liable to secure the payment of a debt (whether present or future) or the discharge of an obligation or liability (whether actual or contingent), in either case that forms part of the category B undertaking of NMR Savings Bank, the security will be held by ANZ Savings Bank as trustee for both ANZ Savings Bank and ANZ as security for the respective amounts owing to ANZ Savings Bank and ANZ from time to time. In cases where a security is transferred to ANZ under subsection (2) and it also secures or is liable to secure the payment of a debt (whether present or future) or the discharge of an obligation or liability (whether actual or contingent), in either case that forms part of the category A undertaking of NMR Savings Bank, the security will be held by ANZ as trustee for both ANZ and ANZ Savings Bank as security for the respective amounts owing to ANZ and ANZ Savings Bank from time to time. (sec.14-ssec.1) Without limiting sections 12 and 13, and subject to subsections (3) and (4), the following provisions have effect in relation to the banking business of NMR Savings Bank— the relationship between NMR Savings Bank and a customer or depositor at any office or branch or agency of that bank is, to the extent that it relates to the category A undertaking of NMR Savings Bank, on and after the appointed day, between ANZ Savings Bank and that customer or depositor, and gives rise to the same rights and the same duties (including rights of set-off) as would have existed before that day if that relationship had been between ANZ Savings Bank and the customer or depositor, and so that any instruction, order, direction, mandate or authority given by that customer or depositor to NMR Savings Bank and subsisting on or given after the appointed day, is, unless and until revoked or cancelled, taken to have been given to ANZ Savings Bank; any security held by NMR Savings Bank as security for the payment of debts or liabilities (whether present or future, certain or contingent) of any person and that forms part of the category A undertaking of NMR Savings Bank is transferred or taken to be transferred to ANZ Savings Bank on the appointed day, and must be held by and be available to ANZ Savings Bank as security for the payment of those debts and liabilities to ANZ Savings Bank and, where the security extends to future advances to, or to future liabilities of, that person, the security must, on and after that day, subject to any agreement between ANZ Savings Bank and that person, be held by and be available to ANZ Savings Bank as security for future advances to that person by, and future liabilities of that person to, ANZ Savings Bank, to the same extent to which future advances by, or liabilities to, NMR Savings Bank were secured immediately before that day; ANZ Savings Bank is, in relation to any security transferred or taken to have been transferred to it in accordance with, or by virtue of, this Act and the money thereby secured, entitled to the same rights and priorities and subject to the same obligations and incidents as NMR Savings Bank would have been entitled and subject to, if the security had continued to be held by NMR Savings Bank; the custody of any document, goods or thing held by NMR Savings Bank as bailee for any other person at any office or branch or agency of NMR Savings Bank and that relates to or forms part of the category A undertaking of NMR Savings Bank, is transferred or taken to be transferred to ANZ Savings Bank on the appointed day, and the rights and obligations of NMR Savings Bank under any contract of bailment relating to the document, goods or thing are transferred or taken to be transferred on that day to ANZ Savings Bank; any negotiable instrument or order for payment of money that relates to or forms part of the category A undertaking of NMR Savings Bank, whether drawn, given, accepted or endorsed before, on or after the appointed day, that is expressed to be drawn by, drawn on, or given to, or accepted or endorsed by, NMR Savings Bank, or payable at any place of business of NMR Savings Bank has the same effect on and after the appointed day as if it had been drawn by, drawn on, or given to, or accepted or endorsed by, ANZ Savings Bank, or payable at the same place of business of ANZ Savings Bank. (sec.14-ssec.2) Without limiting sections 12 and 13, and subject to subsections (3) and (4), the following provisions have effect in relation to the banking business of NMR Savings Bank— the relationship between NMR Savings Bank and a customer or depositor at any office or branch or agency of that bank is, to the extent that it relates to the category B undertaking of NMR Savings Bank, on and after the appointed day, between ANZ and that customer or depositor, and gives rise to the same rights and the same duties (including rights of set-off) as would have existed before that day if that relationship had been between ANZ and the customer or depositor, and so that any instruction, order, direction, mandate or authority given by that customer or depositor to NMR Savings Bank and subsisting on or given after the appointed day, is, unless and until revoked or cancelled, taken to have been given to ANZ; any security held by NMR Savings Bank as security for the payment of debts or liabilities (whether present or future, certain or contingent) of any person and that forms part of the category B undertaking of NMR Savings Bank is transferred or taken to be transferred to ANZ on the appointed day, and must be held by and be available to ANZ as security for the payment of those debts and liabilities to ANZ and, where the security extends to future advances, to or to future liabilities of, that person, the security must, on and after that day, subject to any agreement between ANZ and that person, be held by and be available to ANZ as security for future advances to that person by, and future liabilities of that person to, ANZ, to the same extent to which future advances by, or liabilities to, NMR Savings Bank were secured immediately before that day; ANZ is, in relation to any security transferred or taken to have been transferred to it in accordance with, or by virtue of, this Act and the money thereby secured, entitled to the same rights and priorities and subject to the same obligations and incidents as NMR Savings Bank would have been entitled and subject to, if the security had continued to be held by NMR Savings Bank; the custody of any document, goods or thing held by NMR Savings Bank as bailee for any other person at any office or branch or agency of NMR Savings Bank and that relates to or forms part of the category B undertaking of NMR Savings Bank, is transferred or taken to be transferred to ANZ on the appointed day, and the rights and obligations of NMR Savings Bank under any contract of bailment relating to the document, goods or thing are transferred or taken to be transferred on that day to ANZ; any negotiable instrument or order for payment of money that relates to or forms part of the category B undertaking of NMR Savings Bank, whether drawn, given, accepted or endorsed before, on or after the appointed day, that is expressed to be drawn by, drawn on, or given to, or accepted or endorsed by, NMR Savings Bank, or payable at any place of business of NMR Savings Bank has the same effect on or after the appointed day as if it had been drawn by, drawn on, or given to, or accepted or endorsed by ANZ, or payable at the same place of business of ANZ. (sec.14-ssec.3) In cases where a security is transferred to ANZ Savings Bank under subsection (1) and it also secures or is liable to secure the payment of a debt (whether present or future) or the discharge of an obligation or liability (whether actual or contingent), in either case that forms part of the category B undertaking of NMR Savings Bank, the security will be held by ANZ Savings Bank as trustee for both ANZ Savings Bank and ANZ as security for the respective amounts owing to ANZ Savings Bank and ANZ from time to time. (sec.14-ssec.4) In cases where a security is transferred to ANZ under subsection (2) and it also secures or is liable to secure the payment of a debt (whether present or future) or the discharge of an obligation or liability (whether actual or contingent), in either case that forms part of the category A undertaking of NMR Savings Bank, the security will be held by ANZ as trustee for both ANZ and ANZ Savings Bank as security for the respective amounts owing to ANZ and ANZ Savings Bank from time to time.

• (a) the relationship between NMR Savings Bank and a customer or depositor at any office or branch or agency of that bank is, to the extent that it relates to the category A undertaking of NMR Savings Bank, on and after the appointed day, between ANZ Savings Bank and that customer or depositor, and gives rise to the same rights and the same duties (including rights of set-off) as would have existed before that day if that relationship had been between ANZ Savings Bank and the customer or depositor, and so that any instruction, order, direction, mandate or authority given by that customer or depositor to NMR Savings Bank and subsisting on or given after the appointed day, is, unless and until revoked or cancelled, taken to have been given to ANZ Savings Bank;
• (b) any security held by NMR Savings Bank as security for the payment of debts or liabilities (whether present or future, certain or contingent) of any person and that forms part of the category A undertaking of NMR Savings Bank is transferred or taken to be transferred to ANZ Savings Bank on the appointed day, and must be held by and be available to ANZ Savings Bank as security for the payment of those debts and liabilities to ANZ Savings Bank and, where the security extends to future advances to, or to future liabilities of, that person, the security must, on and after that day, subject to any agreement between ANZ Savings Bank and that person, be held by and be available to ANZ Savings Bank as security for future advances to that person by, and future liabilities of that person to, ANZ Savings Bank, to the same extent to which future advances by, or liabilities to, NMR Savings Bank were secured immediately before that day;
• (c) ANZ Savings Bank is, in relation to any security transferred or taken to have been transferred to it in accordance with, or by virtue of, this Act and the money thereby secured, entitled to the same rights and priorities and subject to the same obligations and incidents as NMR Savings Bank would have been entitled and subject to, if the security had continued to be held by NMR Savings Bank;
• (d) the custody of any document, goods or thing held by NMR Savings Bank as bailee for any other person at any office or branch or agency of NMR Savings Bank and that relates to or forms part of the category A undertaking of NMR Savings Bank, is transferred or taken to be transferred to ANZ Savings Bank on the appointed day, and the rights and obligations of NMR Savings Bank under any contract of bailment relating to the document, goods or thing are transferred or taken to be transferred on that day to ANZ Savings Bank;
• (e) any negotiable instrument or order for payment of money that relates to or forms part of the category A undertaking of NMR Savings Bank, whether drawn, given, accepted or endorsed before, on or after the appointed day, that is expressed to be drawn by, drawn on, or given to, or accepted or endorsed by, NMR Savings Bank, or payable at any place of business of NMR Savings Bank has the same effect on and after the appointed day as if it had been drawn by, drawn on, or given to, or accepted or endorsed by, ANZ Savings Bank, or payable at the same place of business of ANZ Savings Bank.
• (a) the relationship between NMR Savings Bank and a customer or depositor at any office or branch or agency of that bank is, to the extent that it relates to the category B undertaking of NMR Savings Bank, on and after the appointed day, between ANZ and that customer or depositor, and gives rise to the same rights and the same duties (including rights of set-off) as would have existed before that day if that relationship had been between ANZ and the customer or depositor, and so that any instruction, order, direction, mandate or authority given by that customer or depositor to NMR Savings Bank and subsisting on or given after the appointed day, is, unless and until revoked or cancelled, taken to have been given to ANZ;
• (b) any security held by NMR Savings Bank as security for the payment of debts or liabilities (whether present or future, certain or contingent) of any person and that forms part of the category B undertaking of NMR Savings Bank is transferred or taken to be transferred to ANZ on the appointed day, and must be held by and be available to ANZ as security for the payment of those debts and liabilities to ANZ and, where the security extends to future advances, to or to future liabilities of, that person, the security must, on and after that day, subject to any agreement between ANZ and that person, be held by and be available to ANZ as security for future advances to that person by, and future liabilities of that person to, ANZ, to the same extent to which future advances by, or liabilities to, NMR Savings Bank were secured immediately before that day;
• (c) ANZ is, in relation to any security transferred or taken to have been transferred to it in accordance with, or by virtue of, this Act and the money thereby secured, entitled to the same rights and priorities and subject to the same obligations and incidents as NMR Savings Bank would have been entitled and subject to, if the security had continued to be held by NMR Savings Bank;
• (d) the custody of any document, goods or thing held by NMR Savings Bank as bailee for any other person at any office or branch or agency of NMR Savings Bank and that relates to or forms part of the category B undertaking of NMR Savings Bank, is transferred or taken to be transferred to ANZ on the appointed day, and the rights and obligations of NMR Savings Bank under any contract of bailment relating to the document, goods or thing are transferred or taken to be transferred on that day to ANZ;
• (e) any negotiable instrument or order for payment of money that relates to or forms part of the category B undertaking of NMR Savings Bank, whether drawn, given, accepted or endorsed before, on or after the appointed day, that is expressed to be drawn by, drawn on, or given to, or accepted or endorsed by, NMR Savings Bank, or payable at any place of business of NMR Savings Bank has the same effect on or after the appointed day as if it had been drawn by, drawn on, or given to, or accepted or endorsed by ANZ, or payable at the same place of business of ANZ.

sec.15 Legal proceedings—the category A undertaking of NMR Savings Bank

This section applies to— any action, arbitration or proceeding or cause of action, arbitration or proceeding that is on the appointed day pending or existing by, against, or in favour of, NMR Savings Bank in relation to the category A undertaking of NMR Savings Bank; and any cause of action, arbitration or proceeding by, against, or in favour of, NMR Savings Bank, that arises after the appointed day in relation to a contract made by NMR Savings Bank before the appointed day or that arises in relation to anything done or omitted to be done by NMR Savings Bank before the appointed day in either case in relation to the category A undertaking of NMR Savings Bank; but does not apply to any action, arbitration or proceeding or to any cause of action, arbitration or proceeding relating to an excluded asset. Any action, arbitration or proceeding and any cause of action, arbitration or proceeding to which this section applies, is not abated or discontinued or in any way prejudicially affected because of this Act, and they may without any further act, deed or instrument other than any appropriate amendment of the records of the relevant court or tribunal, be prosecuted and continued and enforced by, against, or in favour of, ANZ Savings Bank, in its own name as and when it might have been prosecuted, continued and enforced by, against, or in favour of, NMR Savings Bank if this Act had not been enacted. Despite subsection (2) , the court, tribunal or other person making or entering any judgment, order or award for the payment of any sum of money, whether ascertained or to be ascertained, against ANZ Savings Bank in any action, arbitration or proceeding to which this section applies must, at the request of any party in whose favour the judgment, order or award is being made or entered, make or enter the judgment, order or award against both NMR Savings Bank and ANZ Savings Bank, and the judgment, order or award may, when so made or entered, be enforced against both NMR Savings Bank and ANZ Savings Bank. (sec.15-ssec.1) This section applies to— any action, arbitration or proceeding or cause of action, arbitration or proceeding that is on the appointed day pending or existing by, against, or in favour of, NMR Savings Bank in relation to the category A undertaking of NMR Savings Bank; and any cause of action, arbitration or proceeding by, against, or in favour of, NMR Savings Bank, that arises after the appointed day in relation to a contract made by NMR Savings Bank before the appointed day or that arises in relation to anything done or omitted to be done by NMR Savings Bank before the appointed day in either case in relation to the category A undertaking of NMR Savings Bank; but does not apply to any action, arbitration or proceeding or to any cause of action, arbitration or proceeding relating to an excluded asset. (sec.15-ssec.2) Any action, arbitration or proceeding and any cause of action, arbitration or proceeding to which this section applies, is not abated or discontinued or in any way prejudicially affected because of this Act, and they may without any further act, deed or instrument other than any appropriate amendment of the records of the relevant court or tribunal, be prosecuted and continued and enforced by, against, or in favour of, ANZ Savings Bank, in its own name as and when it might have been prosecuted, continued and enforced by, against, or in favour of, NMR Savings Bank if this Act had not been enacted. (sec.15-ssec.3) Despite subsection (2) , the court, tribunal or other person making or entering any judgment, order or award for the payment of any sum of money, whether ascertained or to be ascertained, against ANZ Savings Bank in any action, arbitration or proceeding to which this section applies must, at the request of any party in whose favour the judgment, order or award is being made or entered, make or enter the judgment, order or award against both NMR Savings Bank and ANZ Savings Bank, and the judgment, order or award may, when so made or entered, be enforced against both NMR Savings Bank and ANZ Savings Bank.

• (a) any action, arbitration or proceeding or cause of action, arbitration or proceeding that is on the appointed day pending or existing by, against, or in favour of, NMR Savings Bank in relation to the category A undertaking of NMR Savings Bank; and
• (b) any cause of action, arbitration or proceeding by, against, or in favour of, NMR Savings Bank, that arises after the appointed day in relation to a contract made by NMR Savings Bank before the appointed day or that arises in relation to anything done or omitted to be done by NMR Savings Bank before the appointed day in either case in relation to the category A undertaking of NMR Savings Bank;

sec.16 Legal proceedings—the category B undertaking of NMR Savings Bank

This section applies to— any action, arbitration or proceeding or cause of action, arbitration or proceeding that is on the appointed day pending or existing by, against, or in favour of, NMR Savings Bank in relation to the category B undertaking of NMR Savings Bank; and any cause of action, arbitration or proceeding by, against, or in favour of, NMR Savings Bank, that arises after the appointed day in relation to a contract made by NMR Savings Bank before the appointed day or that arises in relation to anything done or omitted to be done by NMR Savings Bank before the appointed day in either case in relation to the category B undertaking of NMR Savings Bank; but does not apply to any action, arbitration or proceeding or to any cause of action, arbitration or proceeding relating to an excluded asset. Any action, arbitration or proceeding and any cause of action, arbitration or proceeding to which this section applies, is not abated or discontinued or in any way prejudicially affected because of this Act, and they may without any further act, deed or instrument other than any appropriate amendment of the records of the relevant court or tribunal, be prosecuted and continued and enforced by, against, or in favour of, ANZ, in its own name as and when it might have been prosecuted, continued and enforced by, against, or in favour of, NMR Savings Bank if this Act had not been enacted. Despite subsection (2) , the court, tribunal or other person making or entering any judgment, order or award for the payment of any sum of money, whether ascertained or to be ascertained, against ANZ in any action, arbitration or proceeding to which this section applies must, at the request of any party in whose favour the judgment, order or award is being made or entered, make or enter the judgment, order or award against both NMR Savings Bank and ANZ, and the judgment, order or award may, when so made or entered, be enforced against both NMR Savings Bank and ANZ. (sec.16-ssec.1) This section applies to— any action, arbitration or proceeding or cause of action, arbitration or proceeding that is on the appointed day pending or existing by, against, or in favour of, NMR Savings Bank in relation to the category B undertaking of NMR Savings Bank; and any cause of action, arbitration or proceeding by, against, or in favour of, NMR Savings Bank, that arises after the appointed day in relation to a contract made by NMR Savings Bank before the appointed day or that arises in relation to anything done or omitted to be done by NMR Savings Bank before the appointed day in either case in relation to the category B undertaking of NMR Savings Bank; but does not apply to any action, arbitration or proceeding or to any cause of action, arbitration or proceeding relating to an excluded asset. (sec.16-ssec.2) Any action, arbitration or proceeding and any cause of action, arbitration or proceeding to which this section applies, is not abated or discontinued or in any way prejudicially affected because of this Act, and they may without any further act, deed or instrument other than any appropriate amendment of the records of the relevant court or tribunal, be prosecuted and continued and enforced by, against, or in favour of, ANZ, in its own name as and when it might have been prosecuted, continued and enforced by, against, or in favour of, NMR Savings Bank if this Act had not been enacted. (sec.16-ssec.3) Despite subsection (2) , the court, tribunal or other person making or entering any judgment, order or award for the payment of any sum of money, whether ascertained or to be ascertained, against ANZ in any action, arbitration or proceeding to which this section applies must, at the request of any party in whose favour the judgment, order or award is being made or entered, make or enter the judgment, order or award against both NMR Savings Bank and ANZ, and the judgment, order or award may, when so made or entered, be enforced against both NMR Savings Bank and ANZ.

• (a) any action, arbitration or proceeding or cause of action, arbitration or proceeding that is on the appointed day pending or existing by, against, or in favour of, NMR Savings Bank in relation to the category B undertaking of NMR Savings Bank; and
• (b) any cause of action, arbitration or proceeding by, against, or in favour of, NMR Savings Bank, that arises after the appointed day in relation to a contract made by NMR Savings Bank before the appointed day or that arises in relation to anything done or omitted to be done by NMR Savings Bank before the appointed day in either case in relation to the category B undertaking of NMR Savings Bank;

sec.17 Amendment of documents

Any party to any action, arbitration or proceeding relating to an excluded asset is entitled at any stage to amend any writ, pleading or other document filed by the party in the action, arbitration or proceeding by substituting therein for the name of ANZ Savings Bank or ANZ the name of NMR Savings Bank as party. No order is to be made against any party so amending to pay to ANZ Savings Bank or to ANZ or to NMR Savings Bank any costs caused by that amendment. The action, arbitration or proceeding is to be continued as if NMR Savings Bank had originally been made a party. (sec.17-ssec.1) Any party to any action, arbitration or proceeding relating to an excluded asset is entitled at any stage to amend any writ, pleading or other document filed by the party in the action, arbitration or proceeding by substituting therein for the name of ANZ Savings Bank or ANZ the name of NMR Savings Bank as party. (sec.17-ssec.2) No order is to be made against any party so amending to pay to ANZ Savings Bank or to ANZ or to NMR Savings Bank any costs caused by that amendment. (sec.17-ssec.3) The action, arbitration or proceeding is to be continued as if NMR Savings Bank had originally been made a party.

sec.18 Evidence—the category A undertaking of NMR Savings Bank

Any book or document that, if this Act had not been enacted, would have been evidence in respect of any matter for or against NMR Savings Bank in relation to the category A undertaking of NMR Savings Bank is, on and after the appointed day, to be admissible in evidence in respect of the same matter for or against ANZ Savings Bank. Without limiting subsection (1) , the books of account of NMR Savings Bank are for the purposes of Division 6 of Part 5 of the Evidence Act 1977 taken to be books of account used in the ordinary business of ANZ Savings Bank. For the purposes of this section— books of account has the same meaning as in Division 6 of Part 5 of the Evidence Act 1977 . (sec.18-ssec.1) Any book or document that, if this Act had not been enacted, would have been evidence in respect of any matter for or against NMR Savings Bank in relation to the category A undertaking of NMR Savings Bank is, on and after the appointed day, to be admissible in evidence in respect of the same matter for or against ANZ Savings Bank. (sec.18-ssec.2) Without limiting subsection (1) , the books of account of NMR Savings Bank are for the purposes of Division 6 of Part 5 of the Evidence Act 1977 taken to be books of account used in the ordinary business of ANZ Savings Bank. (sec.18-ssec.3) For the purposes of this section— books of account has the same meaning as in Division 6 of Part 5 of the Evidence Act 1977 .

sec.19 Evidence—the category B undertaking of NMR Savings Bank

Any book or document that, if this Act had not been enacted, would have been evidence in respect of any matter for or against NMR Savings Bank in relation to the category B undertaking of NMR Savings Bank is, on and after the appointed day, to be admissible in evidence in respect of the same matter for or against ANZ. Without limiting subsection (1) , the books of account of NMR Savings Bank are for the purposes of Division 6 of Part 5 of the Evidence Act 1977 taken to be books of account used in the ordinary business of ANZ. For the purposes of this section— books of account has the same meaning as in Division 6 of Part 5 of the Evidence Act 1977 . (sec.19-ssec.1) Any book or document that, if this Act had not been enacted, would have been evidence in respect of any matter for or against NMR Savings Bank in relation to the category B undertaking of NMR Savings Bank is, on and after the appointed day, to be admissible in evidence in respect of the same matter for or against ANZ. (sec.19-ssec.2) Without limiting subsection (1) , the books of account of NMR Savings Bank are for the purposes of Division 6 of Part 5 of the Evidence Act 1977 taken to be books of account used in the ordinary business of ANZ. (sec.19-ssec.3) For the purposes of this section— books of account has the same meaning as in Division 6 of Part 5 of the Evidence Act 1977 .

sec.20 Construction of references

If any Act (other than this Act) or any document whenever made or executed, contains any reference express or implied to NMR Savings Bank, the reference is, on and after the appointed day, a reference to ANZ Savings Bank to the extent that the reference relates to the category A undertaking of NMR Savings Bank and is a reference to ANZ in all other cases, except to the extent that the reference is in relation to an excluded asset or unless the context otherwise requires.

General

sec.21 Effect of things done under this Act

Nothing effected by this Act or done or suffered by NMRB, NMR Savings Bank, ANZ or ANZ Savings Bank under this Act— is to be regarded as placing any of them in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, for example, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or is to be regarded as fulfilling any condition that allows a person to terminate any agreement or liability; or releases any surety or other obligee wholly or in part from any liability.

• (a) is to be regarded as placing any of them in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
• (b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, for example, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or
• (c) is to be regarded as fulfilling any condition that allows a person to terminate any agreement or liability; or
• (d) releases any surety or other obligee wholly or in part from any liability.

sec.22 Service of documents

Service of a document— on ANZ is taken to be service on NMRB unless the document relates to the category B undertaking of NMR Savings Bank, in which case it must be taken to be service on NMR Savings Bank; or on NMRB is taken to be service on ANZ; or on ANZ Savings Bank is taken to be service on NMR Savings Bank; or on NMR Savings Bank is taken to be service on ANZ Savings Bank if the document relates to the category A undertaking of NMR Savings Bank and to be service on ANZ in any other case. Subsection (1) (a) stops having any force and effect in relation to NMRB if NMRB stops being a subsidiary of ANZ within the meaning of section 9 of the Corporations Law . Subsection (1) (b) stops having any force and effect if NMRB stops being a subsidiary of ANZ within the meaning of section 9 of the Corporations Law . Subsection (1) (a) stops having any force and effect in relation to NMR Savings Bank if NMR Savings Bank stops being a subsidiary of ANZ within the meaning of section 9 of the Corporations Law . Subsection (1) (c) and (d) stops having any force and effect if NMR Savings Bank stops being a subsidiary of ANZ within the meaning of section 9 of the Corporations Law . (sec.22-ssec.1) Service of a document— on ANZ is taken to be service on NMRB unless the document relates to the category B undertaking of NMR Savings Bank, in which case it must be taken to be service on NMR Savings Bank; or on NMRB is taken to be service on ANZ; or on ANZ Savings Bank is taken to be service on NMR Savings Bank; or on NMR Savings Bank is taken to be service on ANZ Savings Bank if the document relates to the category A undertaking of NMR Savings Bank and to be service on ANZ in any other case. (sec.22-ssec.2) Subsection (1) (a) stops having any force and effect in relation to NMRB if NMRB stops being a subsidiary of ANZ within the meaning of section 9 of the Corporations Law . (sec.22-ssec.3) Subsection (1) (b) stops having any force and effect if NMRB stops being a subsidiary of ANZ within the meaning of section 9 of the Corporations Law . (sec.22-ssec.4) Subsection (1) (a) stops having any force and effect in relation to NMR Savings Bank if NMR Savings Bank stops being a subsidiary of ANZ within the meaning of section 9 of the Corporations Law . (sec.22-ssec.5) Subsection (1) (c) and (d) stops having any force and effect if NMR Savings Bank stops being a subsidiary of ANZ within the meaning of section 9 of the Corporations Law .

• (a) on ANZ is taken to be service on NMRB unless the document relates to the category B undertaking of NMR Savings Bank, in which case it must be taken to be service on NMR Savings Bank; or
• (b) on NMRB is taken to be service on ANZ; or
• (c) on ANZ Savings Bank is taken to be service on NMR Savings Bank; or
• (d) on NMR Savings Bank is taken to be service on ANZ Savings Bank if the document relates to the category A undertaking of NMR Savings Bank and to be service on ANZ in any other case.

sec.23 Excluded assets

No person dealing— with ANZ or NMRB (in any capacity whatsoever); or with ANZ Savings Bank or ANZ or NMR Savings Bank (in any capacity whatsoever); nor the Registrar of Titles, nor any other person registering or certifying title to land or other property or having the power or duty to examine or receive evidence as to title to land or other property, is, in relation to any dealing or transaction entered into or purporting to be entered into by ANZ, NMRB, ANZ Savings Bank or NMR Savings Bank, to be concerned to see, or inquire into, whether any property the subject of the dealing or transaction (whether or not that property is land) is an excluded asset, or be affected by any notice, express, implied or constructive, that any such property is an excluded asset. If any dealing or transaction is entered into by ANZ or ANZ Savings Bank with any person, in relation to or in connection with an excluded asset, it is to be taken in favour of that person that ANZ or ANZ Savings Bank, as the case may be, has full power and authority to enter into that dealing or transaction as if the excluded asset had vested in ANZ or ANZ Savings Bank, as the case may be, under this Act. Nothing in this section affects the liability of ANZ to NMRB, or of ANZ Savings Bank or ANZ to NMR Savings Bank, in relation to anything done, or purporting to be done, by ANZ or ANZ Savings Bank, as the case may be, in relation to or in connection with an excluded asset. (sec.23-ssec.1) No person dealing— with ANZ or NMRB (in any capacity whatsoever); or with ANZ Savings Bank or ANZ or NMR Savings Bank (in any capacity whatsoever); nor the Registrar of Titles, nor any other person registering or certifying title to land or other property or having the power or duty to examine or receive evidence as to title to land or other property, is, in relation to any dealing or transaction entered into or purporting to be entered into by ANZ, NMRB, ANZ Savings Bank or NMR Savings Bank, to be concerned to see, or inquire into, whether any property the subject of the dealing or transaction (whether or not that property is land) is an excluded asset, or be affected by any notice, express, implied or constructive, that any such property is an excluded asset. (sec.23-ssec.2) If any dealing or transaction is entered into by ANZ or ANZ Savings Bank with any person, in relation to or in connection with an excluded asset, it is to be taken in favour of that person that ANZ or ANZ Savings Bank, as the case may be, has full power and authority to enter into that dealing or transaction as if the excluded asset had vested in ANZ or ANZ Savings Bank, as the case may be, under this Act. (sec.23-ssec.3) Nothing in this section affects the liability of ANZ to NMRB, or of ANZ Savings Bank or ANZ to NMR Savings Bank, in relation to anything done, or purporting to be done, by ANZ or ANZ Savings Bank, as the case may be, in relation to or in connection with an excluded asset.

• (a) with ANZ or NMRB (in any capacity whatsoever); or
• (b) with ANZ Savings Bank or ANZ or NMR Savings Bank (in any capacity whatsoever);

sec.24 The category A undertaking of NMR Savings Bank and the category B undertaking of NMR Savings Bank

The chief executive officer of ANZ may, by signed certificate, certify any matter in relation to the operation of this Act and, in particular, may certify— whether specified property or liabilities formed or did not form on the appointed day part of the category A undertaking of NMR Savings Bank; and whether specified property or liabilities formed or did not form on the appointed day part of the category B undertaking of NMR Savings Bank.

• (a) whether specified property or liabilities formed or did not form on the appointed day part of the category A undertaking of NMR Savings Bank; and
• (b) whether specified property or liabilities formed or did not form on the appointed day part of the category B undertaking of NMR Savings Bank.

sec.25 Interests in land

Where any land of which NMRB, or NMR Savings Bank, is or is entitled to be the registered proprietor is by this Act vested in ANZ or in ANZ Savings Bank, that bank is, despite anything to the contrary in any Act or law, to be taken to be the registered proprietor thereof for the purposes of the Real Property Act 1861 and the land may be dealt with accordingly.

sec.26 Amendment of register

The Registrar of Titles, on delivery of any relevant instrument, must make any amendments in the register or other document that are necessary because of the operation of this Act.

sec.27 Certificates in relation to charges

Section 268 (1) of the Corporations Law is taken to have been complied with in relation to all charges of which ANZ becomes the holder by this Act if there is lodged with the Australian Securities Commission a certificate signed by the chief executive officer of ANZ stating that by this Act the undertaking of NMRB and part of the undertaking of NMR Savings Bank have become vested in ANZ. Section 268 (1) of the Corporations Law is taken to have been complied with in relation to all charges of which ANZ Savings Bank becomes the holder by this Act if there is lodged with the Australian Securities Commission a certificate signed by the chief executive officer of ANZ Savings Bank stating that by this Act part of the undertaking of NMR Savings Bank has become vested in ANZ Savings Bank. (sec.27-ssec.1) Section 268 (1) of the Corporations Law is taken to have been complied with in relation to all charges of which ANZ becomes the holder by this Act if there is lodged with the Australian Securities Commission a certificate signed by the chief executive officer of ANZ stating that by this Act the undertaking of NMRB and part of the undertaking of NMR Savings Bank have become vested in ANZ. (sec.27-ssec.2) Section 268 (1) of the Corporations Law is taken to have been complied with in relation to all charges of which ANZ Savings Bank becomes the holder by this Act if there is lodged with the Australian Securities Commission a certificate signed by the chief executive officer of ANZ Savings Bank stating that by this Act part of the undertaking of NMR Savings Bank has become vested in ANZ Savings Bank.

sec.28 Other property

Where— any property (other than property to which section 25 , 26 or 27 applies) becomes, under this Act, the property of ANZ; and any person or authority has, under an Act, responsibility for keeping a register in relation to property of that kind; then— any requirement of the latter Act relating to the transfer of that property from 1 person to another is to be taken to have been complied with if there is lodged with that person or authority a certificate signed by the chief executive officer of ANZ stating that by this Act the undertaking of NMRB and the category B undertaking of NMR Savings Bank have become vested in ANZ; and that person or authority, on delivery of any relevant instrument, must make any amendments to the register or other document that are necessary to make them accurately reflect the effect of this Act. Where— any property (other than property to which section 25 , 26 or 27 applies) becomes, under this Act, the property of ANZ Savings Bank; and any person or authority has, under an Act, responsibility for keeping a register in respect of property of that kind; then— any requirement of the latter Act relating to the transfer of that property from 1 person to another is to be taken to have been complied with if there is lodged with that person or authority a certificate signed by the chief executive officer of ANZ Savings Bank stating that by this Act the category A undertaking of NMR Savings Bank has become vested in ANZ Savings Bank; and that person or authority, on delivery of any relevant instrument, must make any amendments to the register or other document that are necessary to make them accurately reflect the effect of this Act. (sec.28-ssec.1) Where— any property (other than property to which section 25 , 26 or 27 applies) becomes, under this Act, the property of ANZ; and any person or authority has, under an Act, responsibility for keeping a register in relation to property of that kind; then— any requirement of the latter Act relating to the transfer of that property from 1 person to another is to be taken to have been complied with if there is lodged with that person or authority a certificate signed by the chief executive officer of ANZ stating that by this Act the undertaking of NMRB and the category B undertaking of NMR Savings Bank have become vested in ANZ; and that person or authority, on delivery of any relevant instrument, must make any amendments to the register or other document that are necessary to make them accurately reflect the effect of this Act. (sec.28-ssec.2) Where— any property (other than property to which section 25 , 26 or 27 applies) becomes, under this Act, the property of ANZ Savings Bank; and any person or authority has, under an Act, responsibility for keeping a register in respect of property of that kind; then— any requirement of the latter Act relating to the transfer of that property from 1 person to another is to be taken to have been complied with if there is lodged with that person or authority a certificate signed by the chief executive officer of ANZ Savings Bank stating that by this Act the category A undertaking of NMR Savings Bank has become vested in ANZ Savings Bank; and that person or authority, on delivery of any relevant instrument, must make any amendments to the register or other document that are necessary to make them accurately reflect the effect of this Act.

• (a) any property (other than property to which section 25 , 26 or 27 applies) becomes, under this Act, the property of ANZ; and
• (b) any person or authority has, under an Act, responsibility for keeping a register in relation to property of that kind;
• (c) any requirement of the latter Act relating to the transfer of that property from 1 person to another is to be taken to have been complied with if there is lodged with that person or authority a certificate signed by the chief executive officer of ANZ stating that by this Act the undertaking of NMRB and the category B undertaking of NMR Savings Bank have become vested in ANZ; and
• (d) that person or authority, on delivery of any relevant instrument, must make any amendments to the register or other document that are necessary to make them accurately reflect the effect of this Act.
• (a) any property (other than property to which section 25 , 26 or 27 applies) becomes, under this Act, the property of ANZ Savings Bank; and
• (b) any person or authority has, under an Act, responsibility for keeping a register in respect of property of that kind;
• (c) any requirement of the latter Act relating to the transfer of that property from 1 person to another is to be taken to have been complied with if there is lodged with that person or authority a certificate signed by the chief executive officer of ANZ Savings Bank stating that by this Act the category A undertaking of NMR Savings Bank has become vested in ANZ Savings Bank; and
• (d) that person or authority, on delivery of any relevant instrument, must make any amendments to the register or other document that are necessary to make them accurately reflect the effect of this Act.

sec.29 Certificates

For all purposes and in all courts, tribunals and proceedings, a certificate under this Act is evidence of the matters certified. A document purporting to be a certificate under this Act is, unless the contrary is established, taken to be such a certificate and to have been properly given. (sec.29-ssec.1) For all purposes and in all courts, tribunals and proceedings, a certificate under this Act is evidence of the matters certified. (sec.29-ssec.2) A document purporting to be a certificate under this Act is, unless the contrary is established, taken to be such a certificate and to have been properly given.

sec.30 Application of banking laws

Nothing in this Act exempts ANZ or ANZ Savings Bank from any Act relating to companies carrying on the business of banking.

sec.31 Exemption from duties and other charges

Despite any other Act but subject to section 32 , no tax, fee, duty, levy or charge of any kind is chargeable or payable on any instrument, certificate or document or in relation to any act or transaction executed, done, suffered or entered into for a purpose connected with, or arising out of, the operation or effect of this Act or of any corresponding law of another State or Territory.

sec.32 Payment into Consolidated Fund

There is payable jointly and severally by ANZ, ANZ Savings Bank, NMRB and NMR Savings Bank to the Consolidated Fund an amount determined by the Governor in Council, by order in council, in relation to this Act and its operation. ANZ, ANZ Savings Bank, NMRB and NMR Savings Bank must provide all documents and information that are required by the Treasurer to enable the Governor in Council to determine the amount under subsection (1) . (sec.32-ssec.1) There is payable jointly and severally by ANZ, ANZ Savings Bank, NMRB and NMR Savings Bank to the Consolidated Fund an amount determined by the Governor in Council, by order in council, in relation to this Act and its operation. (sec.32-ssec.2) ANZ, ANZ Savings Bank, NMRB and NMR Savings Bank must provide all documents and information that are required by the Treasurer to enable the Governor in Council to determine the amount under subsection (1) .

sec.33 Appointed day

When the amount determined by the Governor in Council under section 32 (1) has been paid, the Governor in Council may, by order in council, appoint a day for the purposes of this Act.