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FINANCIAL REGULATOR ASSESSMENT AUTHORITY ACT 2021 - NOTES

No. 63, 2021

Compilation No. 2

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Financial Regulator Assessment Authority Act 2021 that shows the text of the law as amended and in force on 14  October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1--Preliminary

1 Short title

2 Commencement

3 Object of this Act

4 Simplified outline of this Act

5 Definitions

6 Act binds the Crown

7 Act extends to things outside Australia

Part 2--Establishment, functions and cooperation

Division 1--Simplified outline of this Part

8 Simplified outline of this Part

Division 2--Authority

9 Establishment

10 Membership

11 Authority is part of the Department for certain purposes

Division 3--Functions

12 Functions

13 Timing and requests relating to the biennial assessment and reporting functions

14 Requests relating to the ad hoc assessment and reporting function

15 Assessments and reviews undertaken by others

16 Reports to be given to APRA or ASIC

17 Biennial reports must be tabled

18 Powers

19 Independence

Division 4--Cooperation with Authority

20 Cooperation with Authority

21 Legal professional privilege

Part 3--Members, staff and consultants

Division 1--Simplified outline of this Part

22 Simplified outline of this Part

Division 3--Members

24 Appointment

25 Period of appointment

26 Acting appointments

27 Remuneration

28 Leave

29 Terms and conditions

30 Other paid work

31 Disclosure of interests

32 Resignation

33 Termination of appointment

Division 4--Decision-making by Authority

34 Meetings of Authority

35 Decisions without meetings

Division 5--Staff and consultants

36 Arrangements relating to the staff of the Department

37 Consultants

Part 4--Information management

Division 1--Simplified outline of this Part

38 Simplified outline of this Part

Division 2--Inclusion of information in reports

39 Protected information not to be included in reports

Division 3--Secrecy

Subdivision A--Unauthorised use or disclosure of protected information

40 Unauthorised use or disclosure of protected information

41 Limit on disclosure to courts and tribunals

Subdivision B--Authorised use or disclosure of protected information

42 Authorisation to use or disclose protected information for the purposes of functions, duties and powers

43 Authorisation to disclose protected information to the Secretary, APRA and ASIC

44 Authorisation to use or disclose protected information for purposes of enforcement related activity

45 Authorisation to use or disclose protected information in the public interest

Part 5--Miscellaneous

46 Simplified outline of this Part

47 Protection from liability

48 Delegation by Minister

49 Delegation by Authority

50 Delegation by Secretary

51 Rules

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

 

 

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section  15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

 

Endnote 2--Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Financial Regulator Assessment Authority Act 2021

63, 2021

29 June 2021

1 July 2021 (s 2(1) item 1)

 

Financial Accountability Regime (Consequential Amendments) Act 2023

68, 2023

14 Sept 2023

Sch 1 (items 32, 33): 15 Sept 2023 (s 2(1) item 2)

--

Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024

38, 2024

31 May 2024

Sch 1 (item 61): 14 Oct 2024 (s 2(1) item 2)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 4

 

Division 3

 

Subdivision A

 

s 40....................

am No 68, 2023

Subdivision B

 

s 45....................

am No 38, 2024

 

 


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