Document ID: chunk:federal_register_of_legislation:C2024C00606:section:25:p6
Version: federal_register_of_legislation:C2024C00606
Segment Type: section
Provision Reference: s 25 (pt 6/6)
Character Range: 51095–52644

that APRA considers relevant; and
 (f) where:
 (i) the transferring body is established in a State or Territory; and
 (ii) the receiving body is established in a State or Territory;
  APRA has considered whether legislation to facilitate the transfer that satisfies the requirements of section 14 has been enacted in the State or Territory in which the transferring body is established and the State or Territory in which the receiving body is established; and
 (g) either:
 (i) the Minister has consented to the transfer; or
 (ii) the Minister's consent to the transfer is not required (see section 29).
 (2A) To avoid doubt, APRA may make a determination under this section even if the legislation mentioned in paragraph (2)(f) has not been enacted as mentioned in that paragraph.

Formal requirements for determinations under this section
 (3) A determination under this section must include particulars of the transfer, including:
 (a) the names of the transferring body and the receiving body; and
 (b) whether it will be a total transfer or a partial transfer; and
 (c) if it will be a partial transfer—an identification of the part of the transferring body's business that is to be transferred.
 (4) A determination under this section must include a statement of the reasons why the determination has been made.
 (5) A determination under this section must be signed by an authorised APRA officer.

Determinations under this section are not legislative instruments
 (6) A determination made under this section is not a legislative instrument.