Banking Act 1959
13DWho this Subdivision applies to
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13D Who this Subdivision applies to
(1) This Subdivision applies to an ADI that: (a) is a company that: (i) is registered under the Corporations Act 2001; and (ii) has a share capital; and (b) does not have a Banking Act statutory manager. (2) Subsections (3) and (4) apply if: (a) APRA has given a recapitalisation direction to an ADI under subsection 13E(1) (the primary recapitalisation direction); and (b) the ADI is a subsidiary of a NOHC/NOHC subsidiary; and (c) the NOHC/NOHC subsidiary is a company that: (i) is registered under the Corporations Act 2001; and (ii) has a share capital; and (d) the NOHC/NOHC subsidiary does not have a Banking Act statutory manager. (3) This Subdivision applies to the NOHC/NOHC subsidiary in the same way that it does to an ADI. (4) However, disregard the following provisions in applying this Subdivision to the NOHC/NOHC subsidiary: (a) subsection 13E(1); (b) subsection 13F(1). (5) In this section:
NOHC/NOHC subsidiary means a body corporate that is any of the following:
(a) an authorised NOHC;
(b) a subsidiary of an authorised NOHC.