Australia and New Zealand Banking Group Limited (NMRB) Act 1991 (ACT)
Australia and New Zealand Banking Group Limited (NMRB) Act 1991 (repealed)
A1991-66
Republication No 3
Effective: 12 January 2006
Republication date: 12 January 2006
As repealed by A2005-62 sch 4 pt 4.1
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Australia and New Zealand Banking Group Limited (NMRB) Act 1991 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 12 January 2006.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Australia and New Zealand Banking Group Limited (NMRB) Act 1991 (repealed)
Contents
Page
Preamble 2
Part 1Preliminary
Short title 4
Purpose 4
Definitions for Act 4
Part 2Vesting of undertaking of NMRB in ANZ
Vesting of undertaking 8
Effect of contracts and instruments 8
Transitional provisions 9
Legal proceedings 10
Amendment of documents 11
Evidence 12
Construction of references 12
Part 3Vesting of undertaking of NMR Savings Bank in ANZ Savings Bank and ANZ
Vesting of undertaking 13
Effect of contracts and instruments 14
Transitional provisions 15
Legal proceedings—category A undertaking of NMR Savings Bank 19
Legal proceedings—category B undertaking of NMR Savings Bank 20
Amendment of documents 21
Evidence—category A undertaking of NMR Savings Bank 22
Evidence—category B undertaking of NMR Savings Bank 22
Construction of references 22
Part 4General
Effect of things done under this Act 24
Service of documents 24
Excluded assets 25
Category A undertaking of NMR Savings Bank and category B undertaking of NMR Savings Bank 26
Interests in land 27
Amendment of register 27
Other property 27
Certificates conclusive 28
Application of banking laws 29
Exemption from duties or other charges 29
Schedule 130
Part 1.130
Part 1.232
Endnotes
About the endnotes 33
Abbreviation key 33
Legislation history 34
Amendment history 35
Earlier republications 35
Australia and New Zealand Banking Group Limited (NMRB) Act 1991 (repealed)
An Act to supplement the Australia and New Zealand Banking Group Limited (NMRB) Act 1991 (Vic) which provides for the transfer to Australia and New Zealand Banking Group Limited of the undertaking of National Mutual Royal Bank Limited and for the transfer to Australia and New Zealand Savings Bank Limited of one part of the undertaking of National Mutual Royal Savings Bank Limited and for the transfer to Australia and New Zealand Banking Group Limited of the other part of the undertaking of National Mutual Royal Savings Bank Limited, and for other purposes incidental thereto and consequential thereon
Preamble
1National Mutual Royal Bank Limited A.C.N. 006 525 097 (NMRB) and National Mutual Royal Savings Bank Limited A.C.N. 007 394 738 (NMR Savings Bank) are companies incorporated in Victoria and are companies within the meaning of the Corporations Law of Victoria and are companies limited by shares.
2Australia and New Zealand Banking Group Limited A.C.N. 005 357 522 (ANZ) and Australia and New Zealand Savings Bank Limited A.C.N. 004 845 685 (ANZ Savings Bank) are companies deemed to be incorporated in Victoria and are companies within the meaning of the Corporations Law of Victoria and are companies limited by shares.
3NMR Savings Bank is a wholly owned subsidiary of NMRB and ANZ Savings Bank is a wholly owned subsidiary of ANZ.
4ANZ and NMRB each carries on the business of banking in Victoria and elsewhere in Australia and ANZ Savings Bank and NMR Savings Bank each carries on the business of a savings bank in Victoria and elsewhere in Australia.
5On 2 April 1990, ANZ acquired the whole of the issued share capital of NMRB and since that date NMRB has been a wholly owned subsidiary of ANZ.
6It is expedient in the interests of efficiency in banking that the banking business conducted by NMRB should be transferred to ANZ and that part of the banking business conducted by NMR Savings Bank should be transferred to ANZ Savings Bank and that the other part should be transferred to ANZ.
7On 5 December 1990, the Treasurer of Australia consented pursuant to section 63 of the Banking Act 1959 of the Commonwealth to the amalgamation of NMRB with ANZ.
8By the Australia and New Zealand Banking Group Limited (NMRB) Act 1991 (Vic), provision is made for the vesting of the undertaking of NMRB in ANZ and for the vesting of part of the undertaking of NMR Savings Bank in ANZ and the other part in ANZ Savings Bank.
The Legislative Assembly for the Australian Capital Territory therefore enacts as follows:
Part 1Preliminary
Short title
This Act may be cited as the Australia and New Zealand Banking Group Limited (NMRB) Act 1991.
Purpose
The purpose of this Act is to vest the undertaking of NMRB in ANZ and to vest part of the undertaking of NMR Savings Bank in ANZ and the other part in ANZ Savings Bank.
Definitions for Act
In this Act:
NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
ANZ means Australia and New Zealand Banking Group Limited.
ANZ Savings Bank means Australia and New Zealand Savings Bank Limited.
appointed day means 16 November 1991.
category A liabilities means the liabilities described in schedule1, part 1.1.
category A property means the property described in schedule 1, part 1.2.
category A undertaking of NMR Savings Bank means all of the category A property vested in or belonging to or held by NMR Savings Bank immediately before the appointed day and all of the category A liabilities to which NMR Savings Bank is subject immediately before that day.
category B undertaking of NMR Savings Bank means the business and all of the property of NMR Savings Bank (except any category A property and any right or power of NMR Savings Bank relating to any category A property and any excluded asset and any right or power of NMR Savings Bank relating to any excluded asset) vested in or belonging to or held by that bank immediately before the appointed day and all of the liabilities (except category A liabilities) to which NMR Savings Bank is subject immediately before that day.
chief executive officer, in relation to a bank, means the officer in charge of the day-to-day management of the affairs of that bank or a person appointed by him or her in writing.
excluded assets means—
(a)any document required to be kept by NMRB or by NMR Savings Bank under the Corporations Act or otherwise by law; and
(b)any land that, immediately before the appointed day, is vested in, belongs to, or is held by, NMRB or NMR Savings Bank otherwise than by way of security and while so continuing to be vested in, belonging to, or held by, NMRB or NMR Savings Bank after that day; and
(c)shares (including redeemable preference shares) held by NMRB in—
(i)NMR Savings Bank; and
(ii)ANZ Capel Court Limited; and
(iii)NMRB Management Services Limited; and
(iv)NMRB Investments Limited; and
(v)NMRB Finance Limited; and
(vi)RBC Australia Finance Limited; and
(vii)Royaust Management Limited (in liquidation); and
(viii)Royaust Properties Pty. Limited (in liquidation); and
(ix)Funds Transfer Services (Australia) Limited; and
(x)The Yulara Development Company Limited; and
(d)shares held by NMR Savings Bank in—
(i)NMRB Insurance (Agents) Pty Limited; and
(ii)NMRB Travel Services Pty Limited (in liquidation); and
(iii)Ecomel Pty. Limited; and
(iv)Elgeba Pty. Limited; and
(v)Excelsior Holdings Pty. Limited (in liquidation); and
(vi)F.T.S. (N.S.W.) LTD.
land includes any estate, interest or right (whether legal or equitable) in, over or under any real or leasehold property.
liabilities includes duties and obligations of every description, whether actual, contingent or prospective, but does not include any duty or obligation relating to an excluded asset.
NMRB means National Mutual Royal Bank Limited.
NMR Savings Bank means National Mutual Royal Savings Bank Limited.
property means property and assets of every description, and includes securities, rights and powers of every description.
security includes a mortgage (whether legal or equitable), charge, debenture, bill of exchange, promissory note, guarantee, lien, pledge or other means of securing the payment of a debt, whether present or future, or the discharge of an obligation or liability, whether actual or contingent.
undertaking of NMRB means the business and all of the property of NMRB (except any excluded asset and any right or power of NMRB relating to any excluded asset) vested in or belonging to or held by that bank immediately before the appointed day and all of the liabilities to which that bank is subject immediately before that day.
Part 2Vesting of undertaking of NMRB in ANZ
Vesting of undertaking
(1)On the appointed day the undertaking of NMRB is, by virtue of this Act, divested from NMRB and vested in ANZ.
(2)If any portion of the undertaking of NMRB cannot be vested in ANZ by virtue of this Act because transfer of that portion is governed otherwise than by a Territory law, then NMRB shall, as soon as is practicable after the appointed day, take all necessary steps for the purpose of securing that the portion is effectively transferred to ANZ.
(3)The production of a copy of this Act printed by the Government Printer is on and after the appointed day conclusive evidence in all courts and tribunals and proceedings of the transfer to and the vesting in ANZ of that part of the undertaking of NMRB effected by the operation of subsection (1).
Effect of contracts and instruments
(1)All contracts, agreements, conveyances, deeds, leases, licences and other instruments or undertakings entered into by or made with, or addressed to, NMRB (whether alone or with any other person) in force immediately before the appointed day are on and after that day to the extent that they were immediately before that day binding on and enforceable by, or against, NMRB, binding and of full force and effect in every respect in favour of, or against, ANZ, as fully and effectually as if, instead of NMRB, ANZ had been a party to them or bound by them or entitled to the whole or any portion of the benefit of them.
(2)Subsection (1) does not apply to any contract, agreement, conveyance, deed, lease, licence, instrument or undertaking relating to an excluded asset or to a provident, benefit, superannuation or retirement fund.
(3)A director, secretary or auditor of NMRB is not by virtue only of this Act a director, secretary or auditor (as the case may be) of ANZ.
Transitional provisions
Without limiting sections 6 and 7, the following provisions have effect in relation to the banking business of NMRB:
(a)the relationship between NMRB and a customer or depositor at any office or branch or agency of that bank is, on and after the appointed day, between ANZ and that customer or depositor, and gives rise to the same rights and the same duties (including rights of set-off) as would have existed before that day if that relationship had been between ANZ and the customer or depositor, and so that any instruction, order, direction, mandate or authority given by that customer or depositor to NMRB and subsisting on or given after the appointed day shall, unless and until revoked or cancelled, be deemed to have been given to ANZ;
(b)any security held by NMRB as security for the payment of debts or liabilities (whether present or future, certain or contingent) of any person is transferred or shall be deemed to be transferred to ANZ on the appointed day, and shall be held by and be available to ANZ as security for the payment of those debts and liabilities to ANZ and, if the security extends to future advances to, or to future liabilities of, that person, the security shall, on and after that day, subject to any agreement between ANZ and that person, be held by and be available to ANZ as security for future advances to that person by, and future liabilities of that person to, ANZ, to the same extent to which future advances by, or liabilities to, NMRB were secured immediately before that day;
(c)ANZ is, in relation to any security transferred or deemed to have been transferred to it in accordance with, or by virtue of, this Act and the money secured by the security, entitled to the same rights and priorities and subject to the same obligations and incidents as NMRB would have been entitled and subject to, if the security had continued to be held by NMRB;
(d)the custody of any document, goods or thing held by NMRB as bailee for any other person at any office or branch or agency of NMRB is transferred or shall be deemed to be transferred to ANZ on the appointed day, and the rights and obligations of NMRB under any contract of bailment relating to the document, goods or thing are transferred or shall be deemed to be transferred on that day to ANZ;
(e)any negotiable instrument or order for payment of money, whether drawn, given, accepted or endorsed before, on or after the appointed day, that is expressed to be drawn by, drawn on, or given to, or accepted or endorsed by NMRB, or payable at any place of business of NMRB has the same effect on and after the appointed day as if it had been drawn by, drawn on, or given to, or accepted or endorsed by, ANZ, or payable at the same place of business of ANZ.
Legal proceedings
(1)This section applies to—
(a)any action, arbitration or proceeding or cause of action, arbitration or proceeding that is on the appointed day pending or existing by, against, or in favour of, NMRB; and
(b)any cause of action, arbitration or proceeding by, against, or in favour of, NMRB, that arises after the appointed day in respect of a contract made by NMRB before the appointed day or that arises in respect of anything done or omitted to be done by NMRB before the appointed day;
but does not apply to any action, arbitration or proceeding or to any cause of action, arbitration or proceeding relating to an excluded asset.
(2)Any action, arbitration or proceeding and any cause of action, arbitration or proceeding to which this section applies, is not abated or discontinued or in any way prejudicially affected by reason of this Act, but may, without any further act, deed or instrument other than any appropriate amendment of the records of the relevant court or tribunal, be prosecuted and continued and enforced by, against, or in favour of, ANZ, in its own name as and when it may have been prosecuted, continued and enforced by, against, or in favour of, NMRB if this Act had not been enacted.
(3)Notwithstanding subsection (2), the court, tribunal or other person making or entering any judgment, order or award for the payment of any sum of money, whether ascertained or to be ascertained, against ANZ in any action, arbitration or proceeding to which this section applies shall, at the request of any party in whose favour the judgment, order or award is being made or entered, make or enter the judgment, order or award against both NMRB and ANZ, and the judgment, order or award may, when so made or entered, be enforced against both NMRB and ANZ.
Amendment of documents
(1)Any party to any action, arbitration or proceeding relating to an excluded asset is entitled at any stage of the action, arbitration or proceeding to amend any writ, pleading or other document filed by the party in the action, arbitration or proceeding by substituting for the name of ANZ the name of NMRB as party.
(2)No order is to be made against any party so amending to pay to ANZ or to NMRB any costs occasioned by that amendment.
(3)The action, arbitration or proceeding is to be continued as if NMRB had originally been made a party.
Evidence
(1)Any book or document that if this Act had not been enacted would have been evidence in respect of any matter for or against NMRB is, on and after the appointed day, to be admissible in evidence in respect of the same matter for or against ANZ.
(2)Without limiting subsection (1), the bankers’ books of NMRB shall, for the Evidence Act 1971, part 5, be deemed to be bankers’ books of ANZ.
(3)In this section:
bankers’ books—see the Evidence Act 1971, part 5.
Construction of references
If any Territory law (other than this Act) or any document whenever made or executed (other than a document constituting or relating to a provident, benefit, superannuation or retirement fund) or any register established or kept under any such law contains any reference express or implied to NMRB, the reference is, on and after the appointed day, a reference to ANZ, except to the extent that the reference is in relation to an excluded asset or unless the context otherwise requires.
Part 3Vesting of undertaking of NMR Savings Bank in ANZ Savings Bank and ANZ
Vesting of undertaking
(1)On the appointed day the category A undertaking of NMR Savings Bank is, by virtue of this Act, divested from NMR Savings Bank and vested in ANZ Savings Bank and the category B undertaking of NMR Savings Bank is, by virtue of this Act, divested from NMR Savings Bank and vested in ANZ.
(2)If any portion of the category A undertaking of NMR Savings Bank cannot be vested in ANZ Savings Bank by virtue of this Act because transfer of that portion is governed otherwise than by a Territory law, then NMR Savings Bank shall, as soon as is practicable after the appointed day, take all necessary steps for the purpose of securing that the portion is effectively transferred to ANZ Savings Bank.
(3)If any portion of the category B undertaking of NMR Savings Bank cannot be vested in ANZ by virtue of this Act because transfer of that portion is governed otherwise than by a Territory law, then NMR Savings Bank shall, as soon as is practicable after the appointed day, take all necessary steps for the purpose of securing that the portion is effectively transferred to ANZ.
(4)The production of a copy of this Act printed by the Government Printer is, on and after the appointed day, conclusive evidence in all courts and tribunals and proceedings of the transfer to and the vesting in ANZ Savings Bank of that part of the category A undertaking of NMR Savings Bank effected by the operation of subsection (1).
(5)The production of a copy of this Act printed by the Government Printer is, on and after the appointed day, conclusive evidence in all courts and tribunals and proceedings of the transfer to and the vesting in ANZ of that part of the category B undertaking of NMR Savings Bank effected by the operation of subsection (1).
Effect of contracts and instruments
(1)All contracts, agreements, conveyances, deeds, leases, licences and other instruments or undertakings concerning or relating to the category A undertaking of NMR Savings Bank and entered into by, or made with, or addressed to, NMR Savings Bank (whether alone or with any other person) in force immediately before the appointed day are on and after that day to the extent that they were immediately before that day binding on and enforceable by, or against, NMR Savings Bank, binding and of full force and effect in every respect in favour of, or against, ANZ Savings Bank, as fully and effectually as if, instead of NMR Savings Bank, ANZ Savings Bank had been a party to them or bound by them or entitled to the whole or any portion of the benefit of them.
(2)All contracts, agreements, conveyances, deeds, leases, licences and other instruments or undertakings concerning or relating to the category B undertaking of NMR Savings Bank and entered into by, or made with, or addressed to, NMR Savings Bank (whether alone or with any other person) in force immediately before the appointed day are on and after that day to the extent that they were immediately before that day binding on and enforceable by, or against, NMR Savings Bank, binding and of full force and effect in every respect in favour of, or against, ANZ as fully and effectually as if, instead of NMR Savings Bank, ANZ had been a party to them or bound by them or entitled to the whole or any portion of the benefit of them.
(3)Subsections (1) and (2) do not apply to any contract, agreement, conveyance, deed, lease, licence, instrument or undertaking relating to an excluded asset.
(4)A director, secretary or auditor of NMR Savings Bank is not by virtue only of this Act a director, secretary or auditor (as the case may be) of ANZ Savings Bank or ANZ.
Transitional provisions
(1)Without limiting sections 13 and 14 and subject to subsections (3) and (4), the following provisions have effect in relation to the banking business of NMR Savings Bank:
(a)the relationship between NMR Savings Bank and a customer or depositor at any office or branch or agency of that bank is, to the extent that it relates to the category A undertaking of NMR Savings Bank, on and after the appointed day, between ANZ Savings Bank and that customer or depositor, and gives rise to the same rights and the same duties (including rights of set-off) as would have existed before that day if that relationship had been between ANZ Savings Bank and the customer or depositor, and so that any instruction, order, direction, mandate or authority given by that customer or depositor to NMR Savings Bank and subsisting on or given after the appointed day, shall, unless and until revoked or cancelled, be deemed to have been given to ANZ Savings Bank;
(b)any security held by NMR Savings Bank as security for the payment of debts or liabilities (whether present or future, certain or contingent) of any person and that forms part of the category A undertaking of NMR Savings Bank is transferred or shall be deemed to be transferred to ANZ Savings Bank on the appointed day, and shall be held by and be available to ANZ Savings Bank as security for the payment of those debts and liabilities to ANZ Savings Bank and, if the security extends to future advances to, or to future liabilities of, that person, the security shall, on and after that day, subject to any agreement between ANZ Savings Bank and that person, be held by and be available to ANZ Savings Bank as security for future advances to that person by, and future liabilities of that person to, ANZ Savings Bank, to the same extent to which future advances by, or liabilities to, NMR Savings Bank were secured immediately before that day;
(c)ANZ Savings Bank is, in relation to any security transferred or deemed to have been transferred to it in accordance with, or by virtue of, this Act and the money secured by the security, entitled to the same rights and priorities and subject to the same obligations and incidents as NMR Savings Bank would have been entitled and subject to, if the security had continued to be held by NMR Savings Bank;
(d)the custody of any document, goods or thing held by NMR Savings Bank as bailee for any other person at any office or branch or agency of NMR Savings Bank and that relates to or forms part of the category A undertaking of NMR Savings Bank, is transferred or shall be deemed to be transferred to ANZ Savings Bank on the appointed day, and the rights and obligations of NMR Savings Bank under any contract of bailment relating to the document, goods or thing are transferred or shall be deemed to be transferred on that day to ANZ Savings Bank;
(e)any negotiable instrument or order for payment of money that relates to or forms part of the category A undertaking of NMR Savings Bank, whether drawn, given, accepted or endorsed before, on or after the appointed day, that is expressed to be drawn by, drawn on, or given to, or accepted or endorsed by, NMR Savings Bank, or payable at any place of business of NMR Savings Bank has the same effect on and after the appointed day as if it had been drawn by, drawn on, or given to, or accepted or endorsed by, ANZ Savings Bank, or payable at the same place of business of ANZ Savings Bank.
(2)Without limiting sections 13 and 14 and subject to subsections (3) and (4), the following provisions have effect in relation to the banking business of NMR Savings Bank:
(a)the relationship between NMR Savings Bank and a customer or depositor at any office or branch or agency of that bank is, to the extent that it relates to the category B undertaking of NMR Savings Bank, on and after the appointed day, between ANZ and that customer or depositor, and gives rise to the same rights and the same duties (including rights of set-off) as would have existed before that day if that relationship had been between ANZ and the customer or depositor, and so that any instruction, order, direction, mandate or authority given by that customer or depositor to NMR Savings Bank and subsisting on or given after the appointed day, shall, unless and until revoked or cancelled, be deemed to have been given to ANZ;
(b)any security held by NMR Savings Bank as security for the payment of debts or liabilities (whether present or future, certain or contingent) of any person and that forms part of the category B undertaking of NMR Savings Bank is transferred or shall be deemed to be transferred to ANZ on the appointed day, and shall be held by and be available to ANZ as security for the payment of those debts and liabilities to ANZ and, where the security extends to future advances to, or to future liabilities of, that person, the security shall, on and after that day, subject to any agreement between ANZ and that person, be held by and be available to ANZ as security for future advances to that person by, and future liabilities of that person to, ANZ, to the same extent to which future advances by, or liabilities to, NMR Savings Bank were secured immediately before that day;
(c)ANZ is, in relation to any security transferred or deemed to have been transferred to it in accordance with, or by virtue of, this Act and the money secured by the security, entitled to the same rights and priorities and subject to the same obligations and incidents as NMR Savings Bank would have been entitled and subject to, if the security had continued to be held by NMR Savings Bank;
(d)the custody of any document, goods or thing held by NMR Savings Bank as bailee for any other person at any office or branch or agency of NMR Savings Bank and that relates to or forms part of the category B undertaking of NMR Savings Bank, is transferred or shall be deemed to be transferred to ANZ on the appointed day, and the rights and obligations of NMR Savings Bank under any contract of bailment relating to the document, goods or thing are transferred or shall be deemed to be transferred on that day to ANZ;
(e)any negotiable instrument or order for payment of money that relates to or forms part of the category B undertaking of NMR Savings Bank, whether drawn, given, accepted or endorsed before, on or after the appointed day, that is expressed to be drawn by, drawn on, or given to, or accepted or endorsed by, NMR Savings Bank, or payable at any place of business of NMR Savings Bank has the same effect on or after the appointed day as if it had been drawn by, drawn on, or given to, or accepted or endorsed by ANZ, or payable at the same place of business of ANZ.
(3)If a security is transferred to ANZ Savings Bank under subsection (1) and it also secures or is liable to secure the payment of a debt (whether present or future) or the discharge of an obligation or liability (whether actual or contingent), in either case that forms part of the category B undertaking of NMR Savings Bank, the security shall be held by ANZ Savings Bank as trustee for both ANZ Savings Bank and ANZ as security for the respective amounts owing to ANZ Savings Bank and ANZ from time to time.
(4)If a security is transferred to ANZ under subsection (2) and it also secures or is liable to secure the payment of a debt (whether present or future) or the discharge of an obligation or liability (whether actual or contingent), in either case that forms part of the category A undertaking of NMR Savings Bank, the security shall be held by ANZ as trustee for both ANZ and ANZ Savings Bank as security for the respective amounts owing to ANZ and ANZ Savings Bank from time to time.
Legal proceedings—category A undertaking of NMR Savings Bank
(1)This section applies to—
(a)any action, arbitration or proceeding or cause of action, arbitration or proceeding that is on the appointed day pending or existing by, against, or in favour of, NMR Savings Bank in relation to the category A undertaking of NMR Savings Bank; and
(b)any cause of action, arbitration or proceeding by, against, or in favour of, NMR Savings Bank, that arises after the appointed day in respect of a contract made by NMR Savings Bank before the appointed day or that arises in respect of anything done or omitted to be done by NMR Savings Bank before the appointed day in either case in relation to the category A undertaking of NMR Savings Bank;
but does not apply to any action, arbitration or proceeding or to any cause of action, arbitration or proceeding relating to an excluded asset.
(2)Any action, arbitration or proceeding and any cause of action, arbitration or proceeding to which this section applies, is not abated or discontinued or in any way prejudicially affected by reason of this Act, but may without any further act, deed or instrument other than any appropriate amendment of the records of the relevant court or tribunal, be prosecuted and continued and enforced by, against, or in favour of, ANZ Savings Bank, in its own name as and when it may have been prosecuted, continued and enforced by, against, or in favour of, NMR Savings Bank if this Act had not been enacted.
(3)Notwithstanding subsection (2), the court, tribunal or other person making or entering any judgment, order or award for the payment of any sum of money, whether ascertained or to be ascertained, against ANZ Savings Bank in any action, arbitration or proceeding to which this section applies shall, at the request of any party in whose favour the judgment, order or award is being made or entered, make or enter the judgment, order or award against both NMR Savings Bank and ANZ Savings Bank, and the judgment, order or award may, when so made or entered, be enforced against both NMR Savings Bank and ANZ Savings Bank.
Legal proceedings—category B undertaking of NMR Savings Bank
(1)This section applies to—
(a)any action, arbitration or proceeding or cause of action, arbitration or proceeding that is on the appointed day pending or existing by, against, or in favour of, NMR Savings Bank in relation to the category B undertaking of NMR Savings Bank; and
(b)any cause of action, arbitration or proceeding by, against, or in favour of, NMR Savings Bank, that arises after the appointed day in respect of a contract made by NMR Savings Bank before the appointed day or that arises in respect of anything done or omitted to be done by NMR Savings Bank before the appointed day in either case in relation to the category B undertaking of NMR Savings Bank;
but does not apply to any action, arbitration or proceeding or to any cause of action, arbitration or proceeding relating to an excluded asset.
(2)Any action, arbitration or proceeding and any cause of action, arbitration or proceeding to which this section applies, is not abated or discontinued or in any way prejudicially affected by reason of this Act, but may without any further act, deed or instrument other than any appropriate amendment of the records of the relevant court or tribunal, be prosecuted and continued and enforced by, against, or in favour of, ANZ, in its own name as and when it may have been prosecuted, continued and enforced by, against, or in favour of, NMR Savings Bank if this Act had not been enacted.
(3)Notwithstanding subsection (2), the court, tribunal or other person making or entering any judgment, order or award for the payment of any sum of money, whether ascertained or to be ascertained, against ANZ in any action, arbitration or proceeding to which this section applies shall, at the request of any party in whose favour the judgment, order or award is being made or entered, make or enter the judgment, order or award against both NMR Savings Bank and ANZ, and the judgment, order or award may, when so made or entered, be enforced against both NMR Savings Bank and ANZ.
Amendment of documents
(1)Any party to any action, arbitration or proceeding relating to an excluded asset is entitled at any stage to amend any writ, pleading or other document filed by the party in the action, arbitration or proceeding by substituting for the name of ANZ Savings Bank or ANZ the name of NMR Savings Bank as a party.
(2)No order shall be made against any party so amending to pay to ANZ Savings Bank or to ANZ or to NMR Savings Bank any costs occasioned by that amendment.
(3)The action, arbitration or proceeding shall be continued as if NMR Savings Bank had originally been made a party.
Evidence—category A undertaking of NMR Savings Bank
(1)Any book or document that, if this Act had not been enacted, would have been evidence in respect of any matter for or against NMR Savings Bank in relation to the category A undertaking of NMR Savings Bank is, on and after the appointed day, to be admissible in evidence in respect of the same matter for or against ANZ Savings Bank.
(2)Without limiting subsection (1), the bankers’ books of NMR Savings Bank shall, for the Evidence Act1971, part 5, be deemed to be bankers’ books of ANZ Savings Bank.
(3)In this section:
bankers’ books—see the Evidence Act 1971, part 5.
Evidence—category B undertaking of NMR Savings Bank
(1)Any book or document that, if this Act had not been enacted, would have been evidence in respect of any matter for or against NMR Savings Bank in relation to the category B undertaking of NMR Savings Bank is, on and after the appointed day, to be admissible in evidence in respect of the same matter for or against ANZ.
(2)Without limiting subsection (1), the bankers’ books of NMR Savings Bank shall, for the Evidence Act 1971, part 5, be deemed to be bankers’ books of ANZ.
(3)In this section:
bankers’ books—see the Evidence Act 1971, part 5.
Construction of references
If any Territory law (other than this Act) or any document whenever made or executed, contains any reference express or implied to NMR Savings Bank, the reference is, on and after the appointed day, a reference to ANZ Savings Bank to the extent that the reference relates to the category A undertaking of NMR Savings Bank and a reference to ANZ in all other cases, except to the extent that the reference is in relation to an excluded asset or unless the context otherwise requires.
Part 4General
Effect of things done under this Act
Nothing effected by this Act or done or suffered by NMRB, NMR Savings Bank, ANZ or ANZ Savings Bank under this Act—
(a)is to be taken as placing any of them in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
(b)is to be taken as placing any of them in breach of or as constituting a default under a Territory law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or
(c)is to be taken as fulfilling any condition that allows a person to terminate any agreement or liability; or
(d)releases any surety or other obligee wholly or in part from any liability.
Service of documents
(1)Service of a document—
(a)on ANZ shall be deemed to be service on NMRB except where the document relates to the category B undertaking of NMR Savings Bank, in which case it shall be deemed to be service on NMR Savings Bank; and
(b)on NMRB shall be deemed to be service on ANZ; and
(c)on ANZ Savings Bank shall be deemed to be service on NMR Savings Bank; and
(d)on NMR Savings Bank shall be deemed to be service on ANZ Savings Bank where the document relates to the category A undertaking of NMR Savings Bank and to be service on ANZ in any other case.
(2)Subsection (1) (a) ceases to have any force and effect in relation to NMRB on NMRB ceasing to be a subsidiary of ANZ within the meaning of the Corporations Act, section 9.
(3)Subsection (1) (b) ceases to have any force and effect on NMRB ceasing to be a subsidiary of ANZ within the meaning of the Corporations Act, section 9.
(4)Subsection (1) (a) ceases to have any force and effect in relation to NMR Savings Bank on NMR Savings Bank ceasing to be a subsidiary of ANZ within the meaning of the Corporations Act, section 9.
(5)Subsections (1) (c) and (d) cease to have any force and effect on NMR Savings Bank ceasing to be a subsidiary of ANZ within the meaning of the Corporations Act, section 9.
Excluded assets
(1)No person dealing—
(a)with ANZ or NMRB (in any capacity whatsoever); or
(b)with ANZ Savings Bank or ANZ or NMR Savings Bank (in any capacity whatsoever);
nor the registrar-general, nor any other person registering or certifying title to land or having the power or duty to examine or receive evidence as to title to land, is, in respect of any dealing or transaction entered into or purporting to be entered into by ANZ, NMRB, ANZ Savings Bank or NMR Savings Bank, to be concerned to see, or enquire into, whether any property the subject of the dealing or transaction (whether or not that property is land) is an excluded asset, or be affected by any notice, express, implied or constructive, that any such property is an excluded asset.
(2)If any dealing or transaction is entered into by ANZ or ANZ Savings Bank with any person, in relation to or in connection with an excluded asset, it is to be taken in favour of that person that ANZ or ANZ Savings Bank (as the case may be) has full power and authority to enter into that dealing or transaction as if the excluded asset had vested in ANZ or ANZ Savings Bank (as the case may be) under this Act.
(3)Nothing in this section affects the liability of ANZ to NMRB, or of ANZ Savings Bank or ANZ to NMR Savings Bank, in respect of anything done, or purporting to be done, by ANZ or ANZ Savings Bank (as the case may be) in relation to or in connection with an excluded asset.
Category A undertaking of NMR Savings Bank and category B undertaking of NMR Savings Bank
The chief executive officer of ANZ may, by certificate signed by him or her, certify any matter in relation to the operation of this Act and, in particular, may certify—
(a)whether specified property or liabilities formed or did not form on the appointed day part of the category A undertaking of NMR Savings Bank; and
(b)whether specified property or liabilities formed or did not form on the appointed day part of the category B undertaking of NMR Savings Bank.
Interests in land
Notwithstanding anything to the contrary in any Territory law, where any land of which NMRB or NMR Savings Bank is, or is deemed or taken to be, the registered proprietor is by virtue of this Act vested in ANZ or in ANZ Savings Bank, ANZ or ANZ Savings Bank (as the case may be) shall be deemed to be the registered proprietor of that land for the Land Titles Act 1925 and the land may be dealt with accordingly.
Amendment of register
The registrar-general, on being requested to do so and on production of any relevant duplicate certificate of title or other relevant instrument, shall make any amendments to the register under the Land Titles Act 1925 and to the duplicate of any grant, certificate of title, registered instrument or other document that are necessary because of the operation of this Act.
Other property
(1)If—
(a)any property (other than property to which section 26 or 27 applies) becomes, under this Act, the property of ANZ; and
(b)any person or authority has, under a Territory law, responsibility for keeping a register in respect of property of that kind;
then—
(c)any requirement of that law relating to the transfer of such property from one person to another shall be deemed to have been complied with if there is lodged with that person or authority a certificate signed by the chief executive officer of ANZ stating that by virtue of this Act the undertaking of NMRB and the category B undertaking of NMR Savings Bank have become vested in ANZ; and
(d)that person or authority, on being requested to do so and on delivery of any relevant instrument, shall make any amendments to that register that are necessary to make it accurately reflect the effect of this Act.
(2)If—
(a)any property (other than property to which section 26 or 27 applies) becomes, under this Act, the property of ANZ Savings Bank; and
(b)any person or authority has, under a Territory law, responsibility for keeping a register in respect of property of that kind;
then—
(c)any requirement of that law relating to the transfer of such property from one person to another shall be deemed to have been complied with if there is lodged with that person or authority a certificate signed by the chief executive officer of ANZ Savings Bank stating that by virtue of this Act the category A undertaking of NMR Savings Bank has become vested in ANZ Savings Bank; and
(d)that person or authority, on being requested to do so and on delivery of any relevant instrument, shall make any amendments to the register that are necessary to make it accurately reflect the effect of this Act.
Certificates conclusive
(1)For all purposes and in all courts, tribunals and proceedings, a certificate under this Act is conclusive evidence of the matters certified, except so far as the contrary is established.
(2)A document purporting to be a certificate under this Act is, unless the contrary is established, to be taken to be such a certificate and to have been properly given.
Application of banking laws
Nothing in this Act exempts ANZ or ANZ Savings Bank from the provisions of any Act relating to companies carrying on the business of banking.
Exemption from duties or other charges
Notwithstanding anything to the contrary in any Territory law, no tax, fee, duty, levy or charge of any kind is chargeable or payable on any instrument, certificate or document (including this Act) or in respect of any act or transaction executed, done, suffered or entered into for a purpose connected with, or arising out of, the operation or effect of this Act or any corresponding law of a State or another Territory.
Schedule 1
(see s 3)
Part 1.1
| title and characteristics | computer codes |
| Current accounts | |
| Selectaccount | TB 250, 260, 480 |
| NM Life staff | TD 255, 265, 485 |
| Characteristics of all current accounts—demand deposit account, interest bearing, periodic statements, cheque issuing facilities. | |
| Statement savings accounts | |
| Mortgage Interest Saver (MISA) | 712, 012, 412, 512, 612, 312 |
| Selectaccount | TA 253, 263, 483 |
| NM Life staff | TF 275, 285, 495 |
| Characteristics of all statement savings accounts—demand deposit account, interest bearing, periodic statements, no cheque issuing facilities. | |
| Passbook accounts | |
| Premium Savings | 790, 280, 475, 590, 690, 290 |
| Pensioner Premium | 711, 311, 413, 511, 611, 211 |
| Characteristics of all passbook accounts—demand deposit account, interest bearing passbook, no cheque issuing facilities. |
Part 1.2
| title | characteristics | computer codes | |
| Home lending accounts | |||
| mortgage loans | fixed loans | 300, 301, 302, 303, 304, 310, 353, 354, 001, 003, 010, 021, 022, 025, 030, 031, 053, 054, 400, 401, 422, 453, 454, 500, 501, 553, 554, 600, 601, 610, 611, 653, 200, 201, 222, 253, 254 | |
| loan purpose—residential property | |||
| security—mortgage over property | |||
| securities given to secure mortgage loans | |||
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired
Legislation history
After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self‑Government) Act 1988 (Cwlth) s 25).
Australia and New Zealand Banking Group Limited (NMRB) Act 1991 No 66
notified 7 November 1991(Gaz 1991 No S120)
commenced 7 November 1991as amended by
Acts Revision (Position of Crown) Act 1993 No 44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2)Registrar-General (Consequential Provisions) Act 1993 No 64 sch 1
notified 6 September 1993 (Gaz 1993 No S172)
s 1, s 2 commenced 6 September 1993 (s 2 (1))
sch 1 commenced 1 October 1993 (s 2 (2) and see Gaz 1993 No S207)Real Property (Consequential Provisions) Act 1993 No 90 sch
notified 17 December 1993 (Gaz 1993 No S258)
s 1, s 2 commenced 17 December 1993 (s 2 (1))
sch commenced 1 January 1994 (s 2 (2) and see Gaz 1993 No S270)Land Titles (Consequential Amendments) Act 1995 No 54 sch pt 1
notified 20 December 1995 (Gaz 1995 No S313)
commenced 20 June 1996Legislation (Consequential Amendments) Act 2001 No 44 pt 28
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 28 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)as repealed by
Statute Law Amendment Act 2005 (No 2) A2005-62 sch 4 pt 4.1
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))sch 4 pt 4.1 commenced 11 January 2006 (s 2 (1))
Amendment history
Definitions for Act
s 3def appointed day sub 2001 No 44 amdt 1.313
Appointed day
s 4om 2001 No 44 amdt 1.314
Act binds the Crown
s 5om 1993 No 44 sch 2
Excluded assets
s 24am 1994 No 64 sch 1
Interests in land
s 26am.1995 No 54 sch pt 1
Amendment of register
s 27am 1993 No 64 sch 1; 1993 No 90 sch; 1995 No 54 sch pt 1
Schedule 1
sch 1 hdg(prev sch hdg) renum R2 LA
Part 1.1
pt 1.1 hdg(prev pt 1 hdg) renum R2 LA
Part 1.2
pt 1.2 hdg(prev pt 2 hdg) renum R2 LA
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 Act 1993 No 90 31 January 1994 2 A2001-44 16 April 2002
0
0
0