Bank Mergers (Bank of Melbourne) Regulation 1998 (1998-228) (NSW)

Bank Mergers (Bank of Melbourne) Regulation 1998

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Bank Mergers Act 1996.

MICHAEL EGAN, M.L.C.,Treasurer

Part 1 Preliminary

1 Name of Regulation This Regulation is the Bank Mergers (Bank of Melbourne) Regulation 1998.

2 Commencement This Regulation commences on 3 May 1998.

3 Definitions (1) In this Regulation: asset means property, or a right, of any kind, and includes: (a) any legal or equitable estate or interest (whether present or future, vested or contingent or tangible or intangible) in real or personal property of any kind, and (b) any chose in action, and (c) any right, interest or claim of any kind, including rights, interests or claims in or in relation to property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing), and (d) any asset within the meaning of Part IIIA of the Income Tax Assessment Act 1936 of the Commonwealth. authorised person, for the purposes of a provision of this Regulation, means: (a) the Treasurer, or (b) the chief executive officer of Westpac, or (c) the secretary of Westpac, or (d) any of the following persons, if the Treasurer designates in writing that person as an authorised person for the purposes of the provision: (i) a senior executive of Westpac, (ii) a member of the Chief Executive Service or the Senior Executive Service of the Public Service. Bank of Melbourne means the Bank of Melbourne Limited (ACN 007 270 448). chief executive officer of Westpac means the officer having the day to day management of the affairs of Westpac and includes an officer acting from time to time in that capacity. eligible negotiable instrument has the same meaning as it has in the Corporations Law. instrument includes a document and an oral agreement. interest, in relation to land, includes: (a) a legal or equitable estate or interest in the land, or (b) a right, power or privilege over, or in relation to, the land. liability includes a duty or obligation of any kind (whether arising under an instrument or otherwise, and whether actual, contingent or prospective). public document has the same meaning as it has in the Corporations Law. secretary of Westpac means the person holding that office or a person acting from time to time in that office. succession day means the day on which this Regulation commences. the Act means the Bank Mergers Act 1996. translated asset means an asset referred to in clause 6. translated instrument, in relation to the Bank of Melbourne, means an instrument (including a legislative instrument other than this Regulation) subsisting immediately before the succession day: (a) to which the Bank of Melbourne is a party, or (b) that was given to, by or in favour of, the Bank of Melbourne, or (c) that refers to the Bank of Melbourne, or (d) under which money is, or may become, payable or other property is, or may become, liable to be transferred, to or by the Bank of Melbourne. translated liability means a liability referred to in clause 6. Westpac means Westpac Banking Corporation (ARBN 007 457 141). (2) Where reference is made in this Regulation to anything done for a purpose connected with, or arising out of, the operation or effect of this Regulation, that reference is taken to include any transaction entered into, or any instrument or document made, executed, lodged or given, for that purpose.