Document ID: chunk:federal_register_of_legislation:C2025C00165:section:5:p3
Version: federal_register_of_legislation:C2025C00165
Segment Type: section
Provision Reference: s 5 (pt 3/6)
Character Range: 24854–27527

to the contract to any ADI that is a party to the contract if a specified event occurs. The contract may also deal with matters associated with the provision of the financial support.
insolvent, in relation to a body corporate, means that the body corporate is not able to pay all its debts as and when they become due and payable.
investigator means a person APRA appoints under subsection 13(4), 13A(1) or 61(1).
issuing ADI has the meaning given by subsection 26(6).
lawyer means a duly qualified legal practitioner and, in relation to a person, means such a practitioner acting for the person.
liquidator includes a provisional liquidator.
listing rules has the same meaning as in the Corporations Act 2001.
net credit balance:
 (a) the net credit balance, at a time, of an account means the excess of the balance of the account in credit in favour of the account‑holder at that time over the amount (if any) of fees, charges and duties that are identified under the agreement under which the account is kept and are payable by the account‑holder to the ADI at that time; and
 (b) the net credit balance, at a time, of a covered financial product that is not an account means the amount owed to the account‑holder at that time under the terms of the agreement under which the covered financial product is kept.
New Zealand registered bank means a registered bank, as defined in section 2 of the Reserve Bank of New Zealand Act 1989 of New Zealand, that carries on a business in New Zealand.
NOHC is short for non‑operating holding company.
NOHC authority means an authority under subsection 11AA(2).
NOHC/NOHC subsidiary has the meaning given by subsection 13D(5).
non‑ADI lender has the meaning given by section 38B.
non‑ADI lender rule means a rule under section 38C.
non‑operating holding company means, in relation to a body corporate, a body corporate:
 (a) of which the first body corporate is a subsidiary; and
 (b) that does not carry on a business (other than a business consisting of the ownership or control of other bodies corporate); and
 (c) that is incorporated in Australia.
outsourcing arrangement means an arrangement for the business of a New Zealand registered bank, or functions relating to such business, to be carried on by an entity other than the bank.
Part IIB provision of finance has the meaning given by section 38B.
personal information has the same meaning as in the Privacy Act 1988.
prescribed New Zealand authority means the following:
 (a) the Reserve Bank of New Zealand;
 (b) an authority of the government of New Zealand that:
 (i) has statutory responsibilities relating to prudential regulation or financial system stability; and