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CORPORATIONS ACT 2001 - SECT 823V

Exercise of Reserve Bank powers to give directions under section 823F not grounds for denial of obligations

  (1)   This section applies if a body corporate is party to an agreement, whether the proper law of the agreement is:

  (a)   Australian law; or

  (b)   foreign law, including the law of part of a foreign country.

  (2)   None of the matters mentioned in subsection   (3) allows the agreement, or a party to the agreement (other than the body corporate), to do any of the following:

  (a)   deny any obligation under the agreement;

  (b)   accelerate any debt under the agreement;

  (c)   terminate or close out the agreement, or any transaction relating to the agreement;

  (d)   enforce any security under the agreement.

  (3)   The matters are as follows:

  (a)   the body corporate being subject to the exercise of a power under section   823F by the Reserve Bank;

  (b)   if the body corporate is a member of a group of bodies corporate--another member of the group being subject to the exercise of such a power.

Payment Systems and Netting Act 1998 prevails over this section

  (4)   If there is any inconsistency between:

  (a)   subsections   (1) to (3) of this section; and

  (b)   the Payment Systems and Netting Act 1998 ;

that Act prevails to the extent of the inconsistency.

Agreements to which this section does not apply

  (5)   This section does not apply to a kind of agreement prescribed by the regulations for the purposes of this subsection.



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