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FINANCIAL SECTOR (TRANSFER AND RESTRUCTURE) ACT 1999 - SECT 36C

Restructure approvals--issued by Minister

  (1)   The Minister must, in writing, issue a restructure approval if the Minister is satisfied that:

  (a)   application for the approval has been made by an operating body in accordance with section   36B; and

  (b)   the restructure arrangement would improve the operating body's ability to meet its prudential requirements; and

  (c)   the approval should be issued, having regard to:

  (i)   the interests of the depositors or policy owners of the operating body; and

  (ii)   the interests of the financial sector as a whole; and

  (iii)   any other matters considered relevant.

  (2)   The approval must include the following:

  (a)   a statement describing the restructure arrangement;

  (b)   the restructure instrument;

  (c)   any conditions imposed under section   36E.

  (3)   The approval authorises APRA to issue one or more internal transfer certificates under section   36M.

  (4)   In this section:

"prudential requirements" , in relation to an operating body, means requirements applying to the body under the following prudential standards determined by APRA:

  (a)   if the body is an ADI--standards in force under section   11AF of the Banking Act 1959 ;

  (b)   if the body is a life insurance company--standards in force under section   230A of the Life Insurance Act 1995 ;

  (c)   if the body is a general insurer--standards in force under section   32 of the Insurance Act 1973 .



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