Document ID: chunk:federal_register_of_legislation:C2009A00075:clause:1_138:p1
Version: federal_register_of_legislation:C2009A00075
Segment Type: clause
Provision Reference: sch 1 cl 138 (pt 1/2)
Character Range: 32357–34850

138  Subsection 230B(2)
Repeal the subsection, substitute:
 (2) The kinds of direction that the body corporate may be given are directions to do, or to cause a body corporate that is its subsidiary to do, any one or more of the following:
 (a) to comply with the whole or a part of this Act or the Financial Sector (Collection of Data) Act 2001;
 (b) to comply with a condition or direction referred to in paragraph (1)(c);
 (c) to order an audit of the affairs of the body corporate, at the expense of the body corporate, by an auditor chosen by APRA;
 (d) to remove a director or senior manager from office;
 (e) to ensure a director or senior manager of the body corporate does not take part in the management or conduct of the business of the body corporate except as permitted by APRA;
 (f) to appoint a person or persons as a director or senior manager of the body corporate for such term as APRA directs;
 (g) to remove any auditor of the body corporate from office and appoint another auditor to hold office for such term as APRA directs;
 (h) to terminate the appointment of the appointed actuary of the body corporate and to appoint another actuary to hold office for such term as APRA directs, if the body corporate is a life company;
 (i) not to give financial accommodation to any person;
 (j) not to issue or renew any policy, undertake any liability under any policy or collect any premium;
 (k) not to borrow any amount;
 (l) not to accept any payment on account of share capital, except payments in respect of calls that fell due before the direction was given;
 (m) not to repay any amount paid on shares;
 (n) not to pay a dividend on any shares;
 (o) not to discharge any policy or other liability;
 (p) not to transfer any asset of a statutory fund;
 (q) not to pay or transfer any amount to any person, or create an obligation (contingent or otherwise) to do so;
 (r) not to undertake any financial obligation (contingent or otherwise) on behalf of any other person;
 (s) to hold, or otherwise deal in a specified way, with a specified amount of capital;
 (t) to provide, or further provide, in its accounts for the purposes of this Act, a specified amount or an amount determined in a specified way in respect of its liabilities or the value of a specified asset of the body corporate;
 (u) to order an actuarial investigation of the affairs of the body corporate, at the expense of the body corporate, by an actuary chosen by APRA;
 (v) to do, or to refrain from doing,