Bank Integration (Bank of Queensland) Act 1993 (Qld)

Queensland BANK INTEGRATION (BANK OF QUEENSLAND) ACT 1993 Act No. 14 of 1993

Queensland BANK INTEGRATION (BANK OF QUEENSLAND) ACT 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Extraterritorial operation of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Act binds Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 BQL is successor in law of BQSBL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Permitted business name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Exemption from tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Dissolution of BQSBL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Act has effect despite other laws etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Queensland Bank Integration (Bank of Queensland) Act 1993 Act No. 14 of 1993 An Act to facilitate the integration of Bank of Queensland Savings Bank Limited with Bank of Queensland Limited [Assented to 28 May 1993]

4 Bank Integration (Bank of Queensland) The Parliament of Queensland enacts— No. 14, 1993 ˙ Short title 1. This Act may be cited as the Bank Integration (Bank of Queensland) Act 1993 . ˙ Definitions 2.(1) In this Act— “BQL” means Bank of Queensland Limited; “BQSBL” means Bank of Queensland Savings Bank Limited; “Commonwealth Act” means the BankIntegrationAct1991 of the Commonwealth; “tax” includes— (a) stamp duty; and (b) any other tax, duty, levy or charge; and (c) any fee (however described) that is not a tax; but does not include a fee or tax prescribed by the Corporations Regulation. (2) Unless the contrary intention appears, words and expressions used in the Commonwealth Act have the same respective meanings in this Act. ˙ Extraterritorial operation of Act 3. It is the intention of Parliament that this Act should apply, as far as possible, in relation to— (a) land or things outside the State (whether in or outside Australia); and (b) acts, transactions and matters done, entered into or happening outside the State (whether in or outside Australia); and

5 Bank Integration (Bank of Queensland) No. 14, 1993 (c) land, things, acts, transactions and matters (wherever situated, done, entered into or happening) that would, apart from this Act, be governed or otherwise affected by the law of a foreign country. ˙ Act binds Crown 4. This Act binds the Crown in right of the State and, so far as the legislative power of Parliament permits, the Crown in all its other capacities. ˙ BQL is successor in law of BQSBL 5. On the succession day for BQL and BQSBL, BQL becomes the successor in law of BQSBL. ˙ Assets and liabilities 6. Without limiting section 5, on the succession day for BQL and BQSBL— (a) all assets of BQSBL, wherever located, vest in, or are otherwise available for the use of, BQL; and (b) all liabilities of BQSBL, wherever located, become liabilities of BQL. ˙ Permitted business name 7.(1) For 6 months starting on the succession day for BQSBL, BQL may operate in the State under the name of Bank of Queensland Savings Bank Limited (the “permitted business name” ). (2) Subsection (1) does not prevent BQL from— (a) operating in the State under a name other than the permitted business name; or (b) registering a name under the Business Names Act 1962 . (3) In subsection (2), a reference to operating under a name includes a reference to engaging in any conduct in respect of which the name would, apart from subsection (1), have been required to be registered under the Business Names Act 1962 .

6 Bank Integration (Bank of Queensland) No. 14, 1993 ˙ Exemption from tax 8. Tax is not payable under a law of the State in respect of— (a) the operation or effect of this Act or the Commonwealth Act in its application to the vesting of the business of BQSBL in BQL; or (b) anything done for a purpose connected with, or arising out of, that operation or effect. ˙ Dissolution of BQSBL 9. On the succession day for BQL and BQSBL, BQSBL is dissolved. ˙ Act has effect despite other laws etc. 10.(1) This Act has effect despite anything in any contract, deed, undertaking, agreement or other instrument. (2) Nothing done by or under this Act— (a) places BQL, BQSBL or another person in breach of contract or confidence or otherwise makes a person guilty of a civil wrong; or (b) places BQL, BQSBL or another person in breach of— (i) a law of the State; or (ii) a contractual provision, including a provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or (c) releases a surety or other obligee (wholly or partly) from an obligation. (3) Without limiting subsection (1), if, apart from this subsection, the advice or consent of a person would be necessary under an instrument in order to give effect to this Act, the advice is taken to have been obtained or the consent is taken to have been given. ˙ Regulations 11. The Governor in Council may make regulations for the purposes of

this Act. 7 Bank Integration (Bank of Queensland) No. 14, 1993 The State of Queensland 1993