Commonwealth Consolidated Acts

FINANCIAL SECTOR (TRANSFER AND RESTRUCTURE) ACT 1999 - SECT 12

  (1)   In deciding whether to approve the transfer of business, APRA may consult with any or all of the following:

  (a)   officers or employees of the States and Territories;

  (b)   the Reserve Bank of Australia;

  (c)   any other person or body that APRA considers should be consulted.

  (2)   Subject to subsections   (3) and (4), in deciding whether to approve the transfer of business, APRA must consult with:

  (a)   the Australian Competition and Consumer Commission; and

  (b)   the Australian Securities and Investments Commission; and

  (c)   the Commissioner of Taxation.

  (3)   APRA does not have to consult with the Australian Competition and Consumer Commission in relation to the transfer of business if the Commission has notified APRA, in writing, that it does not wish to be consulted about:

  (a)   the transfer; or

  (b)   a class of transfers that includes the transfer.

  (4)   APRA does not have to consult with the Australian Securities and Investments Commission in relation to the transfer of business if the Commission has notified APRA, in writing, that it does not wish to be consulted about:

  (a)   the transfer; or

  (b)   a class of transfers that includes the transfer.

  (5)   APRA does not have to consult with the Commissioner of Taxation in relation to the transfer of business if the Commissioner has notified APRA, in writing, that he or she does not wish to be consulted about:

  (a)   the transfer; or

  (b)   a class of transfers that includes the transfer.