Document ID: chunk:federal_register_of_legislation:C2010C00224:clause:2_104:p3
Version: federal_register_of_legislation:C2010C00224
Segment Type: clause
Provision Reference: sch 2 cl 104 (pt 3/3)
Character Range: 95186–97287

not to pay or transfer any amount does not apply to the payment or transfer of money pursuant to an order of a court or a process of execution.

 (4) Without limiting subsection (3), a direction referred to in a paragraph of that subsection may:
 (a) deal with only some of the matters referred to in that paragraph; or
 (b) deal with a particular class or particular classes of those matters; or
 (c) make different provision with respect to different matters or different classes of matters.

 (5) The direction may deal with the time by which, or period during which, it is to be complied with.

Body corporate and subsidiary have power to comply with direction

 (6) The body corporate has power to comply with the direction despite anything in its constitution or any contract or arrangement to which it is a party.

 (7) If the direction requires the body corporate to cause a subsidiary to do, or to refrain from doing, an act or thing:
 (a) the body corporate has power to cause the subsidiary to do, or to refrain from doing, the act or thing; and
 (b) the subsidiary has power to do, or to refrain from doing, the act or thing;
despite anything in the subsidiary's constitution or any contract or arrangement to which the subsidiary is a party.

Variation and revocation of directions

 (8) APRA may, by notice in writing to the body corporate, vary the direction if, at the time of the variation, it considers that the variation is necessary or appropriate.

 (9) APRA may, by notice in writing to the body corporate, revoke the direction if, at the time of the revocation, it considers that the direction is no longer necessary or appropriate.

Reviewable decisions

 (10) Part VI applies to a decision to give a direction under subsection (1) as a result of the ground referred to in paragraph (1)(a), (b), (c) or (d).

Definitions

 (11) In this section, the expression director has the same meaning as it has in the Corporations Act 2001, and the affairs of a body corporate include those set out in section 53 of that Act.

Note: Senior manager is defined in section 3 of this Act.