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Australian Capital Territory
Financial Sector Reform (ACT) Act 1999
A1999-33
Republication No 6
Effective: 16 November 2025
Republication date: 16 November 2025
Last amendment made by A2025-29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Financial Sector Reform (ACT) Act 1999 (including any amendment
made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 16 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Financial Sector Reform (ACT) Act 1999
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contents 1
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Australian Capital Territory
Financial Sector Reform (ACT) Act 1999
Contents
Page
Part 1 Preliminary
1 Short title 2
3 Dictionary 2
4 Act binds all persons 2
Part 2 Conferral of functions and powers on APRA
and ASIC
5 Conferral of functions and powers on APRA 3
6 Conferral of functions and powers on ASIC 3
Part 3 Authorised deposit-taking institutions—
transfer of business
7 Words defined in FS (TR) Act 4
8 Authorised APRA officer 4
9 Voluntary transfers 4
Contents
Page
contents 2 Financial Sector Reform (ACT) Act 1999
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10 Compulsory transfers 5
11 Certificates evidencing operation of pt 3 7
12 Certificates about land and interests in land 7
13 Certificates about other assets 8
14 Documents purporting to be certificates 8
15 Relationship of pt 3 with other laws 8
Part 6 Miscellaneous
48 Consequential and transitional regulations 10
Dictionary 11
Endnotes
1 About the endnotes 12
2 Abbreviation key 12
3 Legislation history 13
4 Amendment history 15
5 Earlier republications 19
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Australian Capital Territory
Financial Sector Reform (ACT) Act 1999
An Act to make provision for the reform of the financial sector, and for other
purposes
Part 1 Preliminary
Section 1
page 2 Financial Sector Reform (ACT) Act 1999
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Part 1 Preliminary
1 Short title
This Act may be cited as the Financial Sector Reform (ACT)
Act 1999.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
4 Act binds all persons
This Act binds all persons so far as the legislative power of the
Territory permits.
Conferral of functions and powers on APRA and ASIC Part 2
Section 5
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Part 2 Conferral of functions and
powers on APRA and ASIC
5 Conferral of functions and powers on APRA
(1) APRA has the functions and powers conferred or expressed to be
conferred on it under this Act.
(2) APRA has power to do acts in the ACT in the performance or exercise
of a function or power conferred or expressed to be conferred on
APRA by or under a law of another jurisdiction corresponding to this
Act.
6 Conferral of functions and powers on ASIC
(1) ASIC has the functions and powers conferred or expressed to be
conferred on it under this Act.
(2) ASIC has power to do acts in the ACT in the performance or exercise
of a function or power conferred or expressed to be conferred on
ASIC by or under a law of another jurisdiction corresponding to this
Act.
Part 3 Authorised deposit-taking institutions—transfer of business
Section 7
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Part 3 Authorised deposit-taking
institutions—transfer of business
7 Words defined in FS (TR) Act
Words defined in the FS (TR) Act have the same respective meanings
in this part.
8 Authorised APRA officer
(1) APRA may, in writing, authorise a person who is an APRA board
member, or an APRA staff member, to perform or exercise the
functions or powers of an authorised APRA officer under a particular
provision of this part.
(2) The functions and powers necessary for this section are conferred on
APRA.
9 Voluntary transfers
(1) The purpose of this section is to facilitate voluntary transfers of
business under the FS (TR) Act, part 3 for regulated bodies.
(2) This section applies when a certificate of transfer issued under the
FS (TR) Act, section 18 comes into force under that Act, part 3,
division 3.
(3) The receiving body is taken to be the successor in law of the
transferring body, to the extent of the transfer.
(4) In particular—
(a) if the transfer is a total transfer—all the assets and liabilities of
the transferring body become the assets and liabilities of the
receiving body without any transfer, conveyance or assignment;
and
Authorised deposit-taking institutions—transfer of business Part 3
Section 10
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(b) if the transfer is a partial transfer—all the assets and liabilities
of the transferring body included in the list of assets and
liabilities specified in the statement of detail become assets and
liabilities of the receiving body without any transfer,
conveyance or assignment; and
(c) to the extent of the transfer, the duties, obligations, immunities,
rights and privileges applying to the transferring body apply to
the receiving body.
(5) If there is an approved section 20 statement in relation to the transfer
that specifies—
(a) that particular things are to happen or are taken to be the case,
those things are taken to happen, or to be the case, in accordance
with the statement; or
(b) a mechanism for deciding things that are to happen or are taken
to be the case, things decided in accordance with that
mechanism are taken to happen, or to be the case, as decided in
accordance with that mechanism.
10 Compulsory transfers
(1) The purpose of this section is to facilitate compulsory transfers of
business under the FS (TR) Act, part 4 for regulated bodies.
(2) This section applies when a certificate of transfer issued under the
FS (TR) Act, section 33 comes into force under that Act, part 4,
division 3.
(3) The receiving body is taken to be the successor in law of the
transferring body, to the extent of the transfer.
(4) In particular—
(a) if the transfer is a total transfer—all the assets and liabilities of
the transferring body become assets and liabilities of the
receiving body without any transfer, conveyance or assignment;
and
Part 3 Authorised deposit-taking institutions—transfer of business
Section 10
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(b) if the transfer is a partial transfer, all the assets and liabilities of
the transferring body that are included in the list, referred to in
the FS (TR) Act, section 33 (2) (c), included in, or attached to,
the certificate of transfer become assets and liabilities of the
receiving body without any transfer, conveyance or assignment;
and
(c) to the extent of the transfer, the duties, obligations, immunities,
rights and privileges applying to the transferring body apply to
the receiving body.
(5) If the certificate of transfer includes provisions of a kind referred to
in the FS (TR) Act, section 33 (3) specifying—
(a) that particular things are to happen or are taken to be the case,
those things are taken to happen, or to be the case, in accordance
with those provisions; or
(b) a mechanism for deciding things that are to happen or are taken
to be the case, things decided in accordance with that
mechanism are taken to happen, or to be the case, as decided in
accordance with that mechanism.
(6) If there is an approved section 30 statement in relation to the transfer
that specifies—
(a) that particular things are to happen or are taken to be the case,
those things are taken to happen, or to be the case, in accordance
with the statement; or
(b) a mechanism for deciding things that are to happen or are taken
to be the case, things decided in accordance with that
mechanism are taken to happen, or to be the case, as decided in
accordance with that mechanism.
Authorised deposit-taking institutions—transfer of business Part 3
Section 11
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11 Certificates evidencing operation of pt 3
(1) An authorised APRA officer may, by a written certificate signed by
the officer, certify anything relating to the effect of this part, and, in
particular may certify that—
(a) a particular asset of a transferring body has become a transferred
asset of a receiving body; or
(b) a particular liability of a transferring body has become a
transferred liability of a receiving body.
(2) For all purposes and in all proceedings, a certificate under
subsection (1) is evidence of the matters certified.
12 Certificates about land and interests in land
(1) This section applies if—
(a) a receiving body becomes, under this part, the owner of land, or
an interest in land, situated in the ACT; and
(b) there is lodged with the registrar-general a certificate that—
(i) is signed by an authorised APRA officer; and
(ii) identifies the land or interest; and
(iii) states the receiving body has, under this part, become the
owner of that land or interest.
(2) The registrar general may—
(a) register or record the matter in the same way as dealings in land
or interests in land of that kind are registered or recorded; and
(b) deal with, and give effect to, the certificate.
Part 3 Authorised deposit-taking institutions—transfer of business
Section 13
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13 Certificates about other assets
(1) This section applies if—
(a) an asset, other than land or an interest in land, becomes, under
this part, an asset of a receiving body; and
(b) there is lodged with the entity who has, under the law,
responsibility for keeping a register or record relating to assets
of that kind a certificate that—
(i) is signed by an authorised APRA officer; and
(ii) identifies the asset; and
(iii) states the asset has, under this part, become an asset of the
receiving body.
(2) The entity may—
(a) register or record the matter in the same way as transactions
relating to assets of that kind are registered or recorded; and
(b) deal with, and give effect to, the certificate.
(3) This section does not affect the operation of the Corporations Act.
14 Documents purporting to be certificates
A document purporting to be a certificate mentioned in section 12
or 13 is taken to be a certificate of that type unless the contrary is
established.
15 Relationship of pt 3 with other laws
(1) This part has effect despite anything in a contract, deed, undertaking,
agreement or other instrument.
Authorised deposit-taking institutions—transfer of business Part 3
Section 15
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(2) Nothing done under this part—
(a) places a receiving body, a transferring body or another person in
breach of contract or confidence or otherwise makes any of them
guilty of a civil wrong; or
(b) places a receiving body, a transferring body or another person in
breach of—
(i) a territory law; or
(ii) a contractual provision prohibiting, restricting or
regulating the assignment or transfer of an asset or liability
or the disclosure of information; or
(c) releases a surety, wholly or partly, from all or any of the surety’s
obligations.
(3) Without limiting subsection (1), if, apart from this section, the advice
or consent of a person would be necessary for a particular purpose,
the advice is taken to have been obtained or the consent is taken to
have been given.
Part 6 Miscellaneous
Section 48
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Part 6 Miscellaneous
48 Consequential and transitional regulations
(1) The Executive may make regulations amending the provisions of this
Act (other than this section) or any other Act in relation to any matter
arising from, connected with or consequential on the enactment of
this Act.
(2) Regulations made under subsection (1) may be expressed to have
taken effect on a day earlier than the day on which they are notified
in the Gazette, not being a day earlier than the transfer date.
(3) If regulations made under subsection (1) are expressed to take effect
on a day earlier than the day on which they are notified in the Gazette,
they do not operate so as to—
(a) affect, in a manner prejudicial to any person (other than the
Territory or a territory authority), the rights of that person
existing at the day of notification; or
(b) impose liabilities on any person (other than the Territory or a
territory authority) in respect of any act or omission before the
day of notification.
(4) The Executive may only make regulations under subsection (1)
during the period of 12 months commencing on the transfer date.
Dictionary
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Dictionary
(see s 3)
APRA means the Australian Prudential Regulation Authority
established under the Australian Prudential Regulation Authority
Act 1998 (Cwlth), section 7.
ASIC means the Australian Securities and Investments Commission
under the Australian Securities and Investments Commission
Act 2001 (Cwlth).
authorised APRA officer, in a provision of part 3, means a person
authorised under section 8 to perform or exercise the functions or
powers of an authorised APRA officer under the provision.
FSR Act means the Financial Sector Reform (Amendments and
Transitional Provisions) Act (No 1) 1999 (Cwlth).
FS (TR) Act means the Financial Sector (Transfer and Restructure)
Act 1999 (Cwlth).
transfer date means the date that, under the FSR Act, section 3 (16),
is specified as the transfer date for that Act.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Financial Sector Reform (ACT) Act 1999 A1999-33
notified 25 June 1999 (Gaz 1999 S34)
s 1, s 2 commenced 25 June 1999 (s 2 (1))
remainder commenced 1 July 1999 (s 2 (2) and see Cwlth Gaz 1999
No S283)
as repealed by
Statute Law Amendment Act 2002 A2002-30 pt 4.3
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 4.3 commenced 17 September 2002 (s 2 (1))
as revived by
Statute Law Amendment Act 2011 (No 3) A2011-52 amdt 3.94
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))
amdt 3.94 commenced 12 December 2011 (s 2)
Note The revival took effect from the beginning of
18 September 2002.
as amended by
Statute Law Amendment Act 2011 (No 3) A2011-52 amdt 3.95,
amdt 3.96
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))
amdt 3.95, amdt 3.96 commenced 12 December 2011 (s 2)
Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.20
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
sch 3 pt 3.20 commenced 5 June 2012 (s 2 (1))
Statute Law Amendment Act 2019 A2019-42 sch 3 pt 3.10
notified LR 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
sch 3 pt 3.10 commenced 14 November 2019 (s 2 (1))
Endnotes
3 Legislation history
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Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.40
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.40 commenced 16 November 2025 (s 2 (1))
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om R1 LA
Dictionary
s 3 sub A2012-21 amdt 3.75
Words defined in FS (TR) Act
s 7 hdg am A2019-42 amdt 3.14
s 7 am A2019-42 amdt 3.14
Voluntary transfers
s 9 am A2019-42 amdt 3.14
Compulsory transfers
s 10 am A2019-42 amdt 3.14
Relationship of pt 3 with other laws
s 15 am A2025-29 amdt 3.123
Transitional provisions
pt 4 hdg om A2011-52 amd 3.95
Repeals
div 1 hdg om R1 LA
Repeals
s 16 om R1 LA
Provisions relating to AFIC
div 4.2 hdg (prev pt 4 div 2 hdg) renum R1 LA
om A2011-52 amdt 3.95
Continuation and preservation of civil proceedings involving AFIC
s 17 om A2011-52 amdt 3.95
Continuation of offence proceedings
s 18 om A2011-52 amdt 3.95
Provisions relating to registrar of financial institutions
div 4.3 hdg (prev pt 4 div 3 hdg) renum R1 LA
om A2011-52 amdt 3.95
Preliminary
sdiv 4.3.1 hdg (prev pt 4 div 3 sdiv 1 hdg) renum R1 LA
om A2011-52 amdt 3.95
Meaning of registrar for div 4.3
s 19 om A2011-52 amdt 3.95
Office of registrar to continue
sdiv 4.3.2 hdg (prev pt 4 div 3 sdiv 2 hdg) renum R1 LA
om A2011-52 amdt 3.95
Endnotes
4 Amendment history
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Continuation of office of registrar for certain purposes
s 20 om A2011-52 amdt 3.95
Registrar’s final report and financial statements
s 21 om A2011-52 amdt 3.95
Abolition of office or registrar
s 22 om R1 LA
Provisions about particular funds
sdiv 4.3.3 hdg (prev pt 4 div 3 sdiv 3 hdg) renum R1 LA
om A2011-52 amdt 3.95
Continuation and abolition of particular funds
s 23 om A2011-52 amdt 3.95
Payments out of credit unions contingency fund
s 24 om A2011-52 amdt 3.95
Winding-up of supervision fund
s 25 om A2011-52 amdt 3.95
Financial statements for credit unions contingency fund
s 26 om A2011-52 amdt 3.95
Auditor-general to report on fund
s 27 om A2011-52 amdt 3.95
Information may be given to APRA or ASIC
sdiv 4.3.4 hdg (prev pt 4 div 3 sdiv 4 hdg) renum R1 LA
om A2011-52 amdt 3.95
Giving of information
s 28 om A2011-52 amdt 3.95
Transfer of registrar’s assets and liabilities
sdiv 4.3.5 hdg (prev pt 4 div 3 sdiv 5 hdg) renum R1 LA
om A2011-52 amdt 3.95
Transfer of assets and liabilities
s 29 om A2011-52 amdt 3.95
Proceedings involving registrar
sdiv 4.3.6 hdg (prev pt 4 div 3 sdiv 6 hdg) renum R1 LA
om A2011-52 amdt 3.95
Continuation and preservation of civil proceedings involving the registrar
s 30 om A2011-52 amdt 3.95
Continuation of certain offence proceedings
s 31 om A2011-52 amdt 3.95
APRA’s and ASIC’s functions and powers under codes
div 4.4 hdg (prev pt 4 div 4 hdg) renum R1 LA
Endnotes
Amendment history 4
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om A2011-52 amdt 3.95
Conferral of functions and powers relating to financial institutions
s 32 om A2011-52 amdt 3.95
AFIC code provisions
s 33 om A2011-52 amdt 3.95
Financial institutions code provisions
s 34 om A2011-52 amdt 3.95
Provisions for financial institutions code as applied under AFIC code s 40
s 35 om A2011-52 amdt 3.95
Only appropriately qualified person may be authorised etc
s 36 om A2011-52 amdt 3.95
Conferral of functions and powers
s 37 om A2011-52 amdt 3.95
Matters relating to deregistered societies
div 4.5 hdg (prev pt 4 div 5 hdg) renum R1 LA
om A2011-52 amdt 3.95
Meaning of society in div 4.5
s 38 om A2011-52 amdt 3.95
Application of div 4.5
s 39 om A2011-52 amdt 3.95
Society’s property vested in ASIC s 29
s 40 om A2011-52 amdt 3.95
ASIC may act for society
s 41 om A2011-52 amdt 3.95
Recovery from society’s insurer
s 42 om A2011-52 amdt 3.95
Conferral of functions and powers
s 43 om A2011-52 amdt 3.95
Miscellaneous
div 4.6 hdg (prev pt 4 div 6 hdg) renum R1 LA
om A2011-52 amdt 3.95
Dormant accounts
s 44 om A2011-52 amdt 3.95
Mergers and transfers of engagements started under financial institutions
(ACT) code
s 45 om A2011-52 amdt 3.95
Australian financial institutions appeals tribunal
s 46 om A2011-52 amdt 3.95
Endnotes
4 Amendment history
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Consequential amendments
pt 5 hdg om R1 LA
Consequential amendments of other Acts
s 47 om R1 LA
Consequential and transitional regulations
s 48 am A2025-29 amdt 3.124
Consequential amendments of other Acts
sch om R1 LA
Dictionary
dict def AFIC om A2012-21 amdt 3.76
def AFIC (ACT) code om A2012-21 amdt 3.76
def AFIC (ACT) regulations om A2012-21 amdt 3.76
def AFIC code om A2012-21 amdt 3.76
def AFIC regulations om A2012-21 amdt 3.76
def appropriately qualified om A2012-21 amdt 3.76
def APRA sub A2012-21 amdt 3.77
def ASIC sub A2012-21 amdt 3.78
def credit unions contingency fund om A2012-21 amdt 3.79
def employee om A2012-21 amdt 3.79
def enforcement power om A2012-21 amdt 3.79
def financial institutions (ACT) code om A2012-21
amdt 3.79
def financial institutions (ACT) regulations om A2012-21
amdt 3.79
def financial institutions code om A2012-21 amdt 3.79
def financial institutions legislation om A2012-21 amdt 3.79
def FS(TB) Act sub A2011-52 amdt 3.96
om A2019-42 amdt 3.12
def FS (TR) Act ins A2019-42 amdt 3.13
def registrar om A2012-21 amdt 3.79
def relevant Commonwealth body om A2012-21 amdt 3.79
def SSA om A2012-21 amdt 3.79
def supervision fund om A2012-21 amdt 3.79