Document ID: chunk:federal_register_of_legislation:C2004C01110:clause:4_16c
Version: federal_register_of_legislation:C2004C01110
Segment Type: clause
Provision Reference: sch 4 cl 16C
Character Range: 147714–149299

16C  What is a friendly society?

 (1) For the purposes of this Act, a friendly society is a body:
 (a) that is registered as a company under the Corporations Law of a State or an internal Territory; and
 (b) that is either:
 (i) taken to be registered under this Act because of item 11 of Schedule 8 to the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999; or
 (ii) covered by a determination under subsection (2).

 (2) APRA may, in writing, determine that a specified body that is registered as a company under the Corporations Law of a State or an internal Territory is a friendly society for the purposes of this Act.

Note: A company may be specified by name, by inclusion in a specified class or in some other way.

 (3) APRA may, in writing, vary or revoke a determination made under subsection (2).

 (4) APRA must comply with any applicable requirements in Prudential Rules relating to the circumstances in which the powers under subsections (2) and (3) may be exercised.

 (5) If APRA:
 (a) makes a determination under subsection (2); or
 (b) varies or revokes a determination under subsection (3);
APRA must cause notice of that action to be published in the Gazette. If the action relates to a particular company, otherwise than because the company is included in a specified class of companies, APRA must also give the company written notice of the action.

 (6) If APRA:
 (a) makes a determination under subsection (2); or
 (b) varies or revokes a determination under subsection (3);
APRA must also give notice of that action to ASIC.