Financial Sector (Collection of Data) Regulations 2008
Select Legislative Instrument No. 124, 2008
made under the
Financial Sector (Collection of Data) Act 2001
Compilation No. 3
Compilation date: 22 June 2017
Includes amendments up to: F2017L00706
Registered: 22 June 2017
About this compilation
This compilation
This is a compilation of the Financial Sector (Collection of Data) Regulations 2008 that shows the text of the law as amended and in force on 22 June 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name of Regulations
3 Definition
4 Discretionary mutual funds
5 Financial sector agencies
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name of Regulations
These Regulations are the Financial Sector (Collection of Data) Regulations 2008.
3 Definition
In these Regulations:
Act means the Financial Sector (Collection of Data) Act 2001.
4 Discretionary mutual funds
(1) For paragraph 5(5)(b) of the Act, a fund meeting the following criteria is declared to be a discretionary mutual fund:
(a) 2 or more persons have contributed to the fund;
(b) payments have been or may be made out of the fund in respect of liabilities, losses, damages or expenses of the contributors;
(c) the fund is governed by rules under which any such payments for the benefit of the contributors are subject to a discretion of a person or body other than the contributors.
(2) For paragraph 5(5)(b) of the Act, a fund meeting the following criteria is declared to be a discretionary mutual fund:
(a) only 1 person contributes or has contributed to the fund;
(b) payments have been or may be made out of the fund in respect of liabilities, losses, damages or expenses of the contributor or another person (the covered person);
(c) the fund is governed by rules under which any such payments for the benefit of the contributor or the covered person are subject to a discretion of a person or body other than the contributor or the covered person.
5 Financial sector agencies
For paragraph (c) of the definition of financial sector agency in section 31 of the Act, the following agencies are prescribed:
(a) the Australian Bureau of Statistics;
(aa) the Department administered by the Minister administering the Agricultural and Veterinary Chemicals Act 1994;
(b) the Department administered by the Minister administering the Private Health Insurance Act 2007.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Number and year | Registration | Commencement | Application, saving and transitional provisions |
124, 2008 | 20 Jun 2008 (F2008L02168) | 1 Jul 2008 |
|
48, 2011 | 8 Apr 2011 (F2011L00588) | 9 Apr 2011 (r 2) | — |
226, 2015 | 16 Dec 2015 (F2015L02022) | Sch 1 (item 2): 17 Dec 2015 (s 2(1) item 1) | — |
Name | Registration | Commencement | Application, saving and transitional provisions |
Treasury Laws Amendment (Agricultural Lending Data) Regulations 2017 | 21 June 2017 (F2017L00706) | Sch 1 (item 2): 22 June 2017 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
r 2..................... | rep LA s 48D |
r 5..................... | ad No 48, 2011 |
| rs No 226, 2015 |
| am F2017L00706 |