Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) APRA must keep a list of the names of registered entities, divided into categories as APRA determines.
(2) APRA may at any time vary the list for the purpose of adding to it the names of corporations that become registered entities, or removing from it the names of corporations that are found not to be or cease to be registered entities, or for the purpose of transferring a corporation from one category to another category.
(3) In determining the category in which a corporation is to be included or in determining whether a corporation should be transferred from one category to another category, APRA must have regard to:
(a) the assets and liabilities of the corporation; and
(b) the principal methods by which the corporation ordinarily borrows moneys; and
(c) the principal kinds of finance ordinarily provided by the corporation;
and must try to ensure that, as far as practicable, corporations carrying on the same or similar kinds of business are included in the same category.
(4) APRA must cause a copy of the list, and, if a variation of the list is made, a copy of the variation, to be published in the Gazette .
(5) If APRA prepares a new list in substitution for the existing list and any variations made to that list, subsection (4) applies in respect of the new list and any variation made to that list.
(6) As soon as practicable after a corporation is included in a category or is transferred from one category to another category, APRA must notify the corporation of the category in which it has been included or to which it has been transferred.
(7) If:
(a) after a corporation has been included in a category, the corporation requests APRA to transfer the corporation to another category; or
(b) after a corporation has been transferred from one category to another category, the corporation requests APRA to re - transfer the corporation to the former category or to transfer the corporation to a third category;
and the corporation gives information or makes submissions to APRA in support of the request, APRA must, after taking into account the information or submissions:
(c) reconsider the question of the category in which the corporation should be included; and
(d) if APRA thinks that the corporation should be transferred to a different category, vary the list accordingly.