Document ID: chunk:federal_register_of_legislation:F2017L01295:body:0:p3
Version: federal_register_of_legislation:F2017L01295
Segment Type: other
Provision Reference: 
Character Range: 5691–8743

to the establishment of the NOHC and the transfer of business proposed to be undertaken; and

       (j)            if relief is to be sought in a restructure instrument under section 36G of the Act:

           (i)            the names of the entities to be covered by the restructure instrument; and

           (ii)         the nature of the relief sought; and

           (iii)       the reasons for seeking it; and

       (k)          any other information that the Minister, in writing, specifies must be included in the application.

    4.             The Minister may:

       (a)          waive a requirement for an operating body to provide particular information required by paragraph 3 where the Minister considers that the information is not necessary having regard to other information provided or the nature of the proposal; and

       (b)          allow an operating body to supplement or vary information provided.

Form and content of application for amendment of an internal transfer certificate

    5.             For the purposes of subsection 36P(4) of the Act, an application for amendment of an internal transfer certificate must be in the form prescribed, and contain the information required, by paragraph 6, subject to paragraph 7.

    6.             An application by an operating body for the amendment of an internal transfer certificate must be in writing, signed by the CEO of the operating body, and specify:

       (a)          the requested change to be made to the internal transfer certificate; and

       (b)          the names of all transferring and receiving bodies party to the amended certificate; and

       (c)          the proposed date on which the transfers covered by the certificate are intended to take effect under the certificate as amended; and

       (d)          the impact, if any, of any delay on the nature and amount of assets or liabilities covered by the internal transfer certificate; and

       (e)          the reasons for the change; and

       (f)           any other information that APRA, in writing, specifies must be included in the application.

    7.             APRA may, in writing:

       (a)          waive a requirement for an operating body to provide particular information required under paragraph 6 where APRA considers that the information is not necessary having regard to other information provided or the nature of the proposal; and

       (b)          allow an operating body to supplement or vary information provided.

Interpretation

    8.             In these Transfer Rules:

    ACN has the meaning in section 9 of the Corporations Act 2001.

    ARBN has the meaning in section 9 of the Corporations Act 2001.

    CEO means the Chief Executive Officer of the operating body and, if the body does not have a person with the title of CEO or Chief Executive Officer, means the most senior executive officer of the body for the time being, irrespective of his or her title, and whether or not he or she is a member of the