Bank of Western Australia Act 1995 (WA)

Western Australia Bank of Western Australia Act 1995 Western Australia Bank of Western Australia Act 1995 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Terms used: full privatisation, partial privatisation 2 Part 2 — Privatisation of the Bank 5. Terms used 4 6. Bank may be privatised 4 7. Method of privatisation 4 8. State's shareholding in partial privatisation 5 9. Day of privatisation 5 10. Powers of R & I Holdings and the Bank for purposes of privatisation 5 12. R & I Holdings and the Bank to consult 6 13. Proceeds of privatisation, application of 6 14. Disclosure of information 7 15. Auditor General may disclose information 7 16. Disclosing information obtained under s. 14 or 15, offence 8 17. R & I Holdings, Bank etc., functions of 8 18. Stamp duty exemption 8 Part 3 — Provisions applicable to Bank after privatisation Division 1 — Preliminary 19. Terms used 9 Division 2 — Guarantee 20. Guarantee by Treasurer for Bank 9 21. Charges for guarantee 11 22. Treasurer may require Bank to give information 11 Division 3 — Entrenched provisions in articles of association 23. Bank's articles of association to include certain provisions 12 24. Bank cannot alter or avoid s. 23 articles 13 25. Certain matters are excluded matters for Corporations Act 2001 (Cwlth) 13 26A. Expiry of Division 14 Division 4 — Use of names 26. Names Bank etc. cannot use 14 27. Use of former name and derivatives of it by others 14 Division 5 — Enforcement of Divisions 3 and 4 29. Enforcement of s. 23, 26 and 27 only by injunction 15 30. Enforcement of s. 23, 26 and 27, Supreme Court's powers for 15 Division 6 — Continuation of certain provisions 31. Terms used 16 32. Purpose of this Division 16 33. Evidentiary provisions 16 34. Administration etc. of capital stock, debentures and inscribed stock 17 35. Reference in document to officer of former Bank, effect of 17 36. Immunity etc. to continue 18 37. Former Bank to complete necessary transactions 18 Division 7 — Miscellaneous 38. Reference in document to former name, effect of 19 39. Non-compliance by Bank of Western Australia Ltd with certain provisions, effect of 19 Part 4 — State's shareholding in Bank on partial privatisation 40. Interpretation of s. 41 20 41. State's shareholding, Treasurer's functions as to 20 Part 5A — Provisions relating to transfer of BWA business and conduct of Bankwest business Division 1 — Preliminary 42A. Terms used 21 42B. Transfer of BWA business to CBA not prevented 22 42C. Liability of owners of Bankwest business if 2 or more owners 22 Division 2 — Long term obligations 42D. CBA to carry on banking business using Bankwest name 22 42E. Type and scale of Bankwest business 23 42F. Head office of Bankwest business 23 42G. Managing officer of Bankwest business 23 42H. Use of certain names prohibited 23 42I. Records of Bankwest business 24 Division 3 — Obligations relating to 5 year period after transfer day 42J. Minimum points of presence required 24 42K. Points of presence in regional areas not to be closed 24 42L. Head office personnel 25 42M. Local sponsorship and community development initiatives 25 Division 4 — Monitoring compliance 42N. Bankwest owner to give annual certificate of compliance with this Part 25 42O. Minister may require Bankwest owner to give information 26 Division 5 — Enforcement of Divisions 2, 3 and 4 42P. Methods of enforcement 28 42Q. Enforcement of Div. 2 and 4, Supreme Court's powers for 28 42R. Enforcement of Div. 3, Minister's powers for 29 Division 6 — Other provisions 42S. Transfer day, notification of 30 42T. Certain matters are excluded matters for Corporations Act 2001 (Cwlth) 31 Part 5 — General 42. Regulations 32 43. Bank of Western Australia Act 1990, transitional provisions for 32 44. Other Acts, transitional provisions 32 Schedule 1 — Provisions relating to Bank of Western Australia Act 1990 Division 2 — Transitional provisions 11. Terms used 33 12. Auditor General may disclose information 33 13. Payments under repealed s. 31 up to day of privatisation 33 14. Agreements under s. 33(4a) 34 15. Securities taken as agent of Crown 34 Schedule 2 — Provisions relating to other Acts Part B — Transitional provisions 1. Provision relating to Industry (Advances) Act 1947 35 2. Provisions relating to Superannuation and Family Benefits Act 1938 35 Notes Compilation table 37 Uncommenced provisions table 38 Other notes 38 Defined terms Western Australia Bank of Western Australia Act 1995 An Act to provide for the full or partial privatisation of Bank of Western Australia Ltd, to make provisions applicable to the bank after privatisation, to make provisions relating to the transfer of the bank's business and the conduct of an ongoing banking business, to amend the Bank of Western Australia Act 1990 and certain other Acts 1, and for related purposes. [Long title amended: No. 14 of 2012 s. 4.]