Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Prudential Regulation Authority v Cameron [2007] FCA 628 AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY v DONALD JAMES CAMERON AND DARRYL JOHN WHEELEY QUD 95 OF 2007
KIEFEL J
24 APRIL 2007
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 95 OF 2007
BETWEEN: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
Applicant
AND: DONALD JAMES CAMERON
First Respondent
DARRYL JOHN WHEELEY
Second Respondent
JUDGE: KIEFEL J
DATE OF ORDER: 24 APRIL 2007
WHERE MADE: BRISBANE
In this Order, the following words or expressions have the meanings as defined: 'the Act' means the Banking Act 1959 (Cth); and 'purported bank' means the 'Federal State Bank', 'Federal State Bank of Australia' or any other body, whether incorporated or not, described as a 'bank' which body: (a) does not have the consent of the applicant under s 66 of the Act; or (b) is not in possession of an authority under s 9 to carry on banking business; or (c) is not otherwise the subject of an order by the applicant pursuant to s 11 of the Act that determines that subs 66(1) of the Act does not apply.
THE COURT ORDERS THAT:
1. Each of the respondents be permanently restrained under s 65A of the Act, whether by themselves, their servants or agents or otherwise, from orally or in any written or electronic form: (a) carrying on any banking business in Australia in contravention of s 7 of the Act; (b) assuming or using the words 'bank', 'banker' or 'banking' or any words or phrases of like import in relation to any purported bank, business or purported business in contravention of s 66 of the Act; and (c) advertising, representing or stating that any purported bank, business or purported business will carry on banking business. 2. Each of the respondents be permanently restrained under s 23 of the Federal Court of Australia Act 1976 (Cth), whether by themselves, their servants or agents or otherwise, from issuing any bill or note for the payment of money payable to bearer on demand and intended for circulation, or which purports to be a bill or note for the payment of money payable to bearer on demand and intended for circulation, in contravention of s 44 of the Reserve Bank Act 1959 (Cth). 3. The respondents pay the applicant's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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