Document ID: chunk:federal_register_of_legislation:C2004C01110:clause:4_125a
Version: federal_register_of_legislation:C2004C01110
Segment Type: clause
Provision Reference: sch 4 cl 125A
Character Range: 191108–192505

125A  APRA's power to make specific exemption orders

 (1) In this section:

provision to which this section applies means:
 (a) section 76;
 (b) section 82;
 (c) section 83;
 (d) section 93;
 (e) section 113;
 (f) any other provision of this Part prescribed by the regulations for the purposes of this definition.

 (2) On an application made in accordance with subsection (5) in relation to a life company, APRA may make an order in writing relieving any of the following from a provision to which this section applies:
 (a) the directors of the life company;
 (b) the life company;
 (c) the approved auditor of the life company;
 (d) the appointed actuary of the life company.

 (3) APRA must not make the order unless it considers it is appropriate to do so, having regard to any criteria specified in Prudential Rules for the purposes of this subsection.

 (4) The order may:
 (a) be expressed to be subject to conditions; and
 (b) be indefinite or limited to a specified period.

 (5) The application must be:
 (a) authorised by a resolution of the directors of the life company; and
 (b) in writing and signed by a director; and
 (c) lodged with APRA.

 (6) APRA must give the applicant written notice of:
 (a) the making, revocation or suspension of the order; or
 (b) its refusal to make the order.

 (7) APRA must give ASIC notice of the making, revocation or suspension of the order.