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Financial Sector Reform (Amendments and Transitional Provisions) Bill (No.1) 2000
Schedule 1 Amendment of the Australian Prudential Regulation Authority Act 1998

   

1  After subsection 55(1)

Insert:

          (1A)  Subject to subsection (2), sales tax is not payable by APRA, or by any other person, on goods that are for use by APRA.

2  Subsection 55(2)

After “subsection (1)”, insert “or subsection (1A)”.

3  Subsection 56(1)

Insert:

body regulated by APRA includes a body that has at any time been a body regulated by APRA.

4  Subsection 56(2)

Omit “(6) or (7)”, substitute “(6), (7), (7A) or (7B)”.

5  At the end of subsection 56(3)

Add:

Note:          A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code ).

6  At the end of subsection 56(4)

Add:

Note:          A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code ).

7  Subsection 56(5) (note)

Omit “Note:”, substitute “Note 1:”.

8  At the end of subsection 56(5)

Add:

Note 2:       A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code ).

9  At the end of subsection 56(6)

Add:

Note:          A defendant bears an evidential burden in relation to the matters in subsection (6) (see subsection 13.3(3) of the Criminal Code ).

10  At the end of subsection 56(7)

Add:

Note:          A defendant bears an evidential burden in relation to the matters in subsection (7) (see subsection 13.3(3) of the Criminal Code ).

11  After subsection 56(7)

Insert:

          (7A)  It is not an offence if the information, or the information contained in the document, as the case may be, is all or any of the following:

                     (a)  the names of bodies that are regulated by APRA;

                     (b)  the addresses at which bodies referred to in paragraph (a) conduct business;

                     (c)  any other information that is reasonably necessary to enable members of the public to contact persons who perform functions in relation to bodies referred to in paragraph (a).

Note:          A defendant bears an evidential burden in relation to the matters in subsection (7A) (see subsection 13.3(3) of the Criminal Code ).

          (7B)  It is not an offence if the information, or the information contained in the document, as the case may be, is:

                     (a)  a statement of APRA’s opinion as to whether or not a body regulated by APRA is complying, or was complying at a particular time, with a particular provision of an Act covered by this section; or

                     (b)  a description of:

                              (i)  court proceedings in relation to a breach or suspected breach by a person of a provision of an Act covered by this section; or

                             (ii)  activity engaged in, or proposed to be engaged in, by APRA in relation to such a breach or suspected breach.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (7B) (see subsection 13.3(3) of the Criminal Code ).

12  At the end of subsection 56(11)

Add:

Note:          For additional rules about personal information, see the Privacy Act 1988 .

13  Section 57

Repeal the section.