179CInvolving APRA in proposed appointment of external administrators of life companies and NOHCs

#### 179C Involving APRA in proposed appointment of external administrators of life companies and NOHCs (1) At least one week before a person other than APRA: (a) makes an application to a court under Chapter 5 of the Corporations Act 2001 for the appointment of an external administrator of a life company or of a registered NOHC of a life company; or (b) makes another kind of application (whether or not to a court) for the appointment of an external administrator of a life company or of a registered NOHC of a life company; or (c) appoints an external administrator of a life company or of a registered NOHC of a life company (otherwise than as the result of an application made by another person); the person must give APRA notice, in accordance with section 8A of this Act, that the person proposes to make the application or appointment. (3) Subsection (1) does not apply if APRA gives the person written notice, before the person makes the application or appointment, that APRA consents to the person making the application or appointment. (4) APRA is entitled to be heard on the application. (5) After receiving the notice, APRA may request the person to provide details of the proposed application. Offence (6) A person (other than APRA) commits an offence if: (a) the person: (i) makes an application to a court under Chapter 5 of the Corporations Act 2001 for the appointment of an external administrator of a life company or of a registered NOHC of a life company; or (ii) makes another kind of application (whether or not to a court) for the appointment of an external administrator of a life company or of a registered NOHC of a life company; or (iii) appoints an external administrator of a life company or of a registered NOHC of a life company (otherwise than as the result of an application made by another person); and (b) APRA did not give the person written notice, before the person made the application or appointment, of APRA’s consent to the person making the application or appointment, in accordance with subsection (3); and (c) the person did not give APRA notice indicating that the person proposed to make the application or appointment: (i) at least one week before making the application or appointment; and (ii) in accordance with section 8A. Penalty: 60 penalty units. (7) An offence against subsection (6) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code.