QueenslandFINANCIALINSTITUTIONS(QUEENSLAND)ACT1992Reprinted as in force on 25 August
1997(includes amendments up to Act No. 33 of
1997)Warning—see last endnote for uncommenced
amendmentsReprint No. 2AThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 25 August 1997.The reprint shows
the law as amended byall amendments that commenced on or
before that day (Reprints Act 1992 s 5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.Thispageisspecifictothisreprint.SeepreviousreprintsforinformationaboutearlierchangesmadeundertheReprintsAct1992.Atableofearlierreprintsisincluded in the endnotes.Also
see endnotes for information about—•when
provisions commenced•provisionsthathavenotcommencedandarenotincorporatedinthereprint•editorial changes made in earlier
reprints.
s13s3Financial Institutions (Queensland) Act
1992FINANCIAL INSTITUTIONS (QUEENSLAND)ACT
1992[as amended by all amendments that commenced
on or before 25 August 1997]An Act to provide
for the formulation, registration, management andregulation of certain financial
institutions, and for other purposes†PART
1—PRELIMINARY†Division 1—Introductory˙Short title1.This
Act may be cited as theFinancial Institutions (Queensland)
Act1992.˙Commencement2.This
Act commences on a day to be fixed by proclamation.†Division 2—Interpretation˙Definitions3.In
this Act—“AFIC(Queensland)Code”has
the same meaning as in theAustralianFinancial
Institutions Commission Act 1992;“building society”has the meaning
given by section 3 (Definitions) of theFinancial
Institutions (Queensland) Code;
s44s5Financial Institutions (Queensland) Act
1992“FinancialInstitutions(Queensland)Code”meanstheprovisionsapplying because
of section 4;“FinancialInstitutions(Queensland)Regulations”meanstheprovisions applying because of section
5;“Ministerial Council”has the meaning
given by section 3 (Definitions) ofthe Financial
Institutions (Queensland) Code;“SSA”means the Queensland Office of Financial
Supervision.†PART 2—FINANCIAL INSTITUTIONS(QUEENSLAND) CODE AND FINANCIALINSTITUTIONS (QUEENSLAND) REGULATIONS˙Application in Queensland of the
Financial Institutions Code4.The Financial
Institutions Code set out in section 30 as in force for thetime
being—(a)applies as a law of Queensland;
and(b)assoapplyingmaybereferredtoastheFinancialInstitutions(Queensland)
Code.˙Application of regulations in force
under Pt 35.The regulations in force for the time
being under Part 3—(a)applyasregulationsinforceforthepurposesoftheFinancialInstitutions
(Queensland) Code; and(b)assoapplyingmaybereferredtoastheFinancialInstitutions(Queensland)
Regulations.
s65s6Financial Institutions (Queensland) Act
1992˙Interpretation of some expressions in
the Financial Institutions(Queensland) Code and the Financial
Institutions (Queensland)Regulations6.(1)In
the Financial Institutions (Queensland) Code and the
FinancialInstitutions (Queensland) Regulations—“AFIC
Code”means the AFIC (Queensland) Code;“continuing association”means—(a)an association of credit societies;
or(b)a union of associations of credit
societies;registered under the Credit Societies Act
1986 immediately before thecommencement of
this section;“continuing association of credit
unions”means an association of creditsocieties registered under theCredit Societies Act 1986immediatelybefore the
commencement of this section;“continuingbuildingsociety”meansapermanentbuildingsocietyregistered under
theBuilding Societies Act 1985immediately beforethe commencement
of this section;“continuingcreditunion”meansacreditsocietyregisteredundertheCredit Societies Act 1986immediately before the commencement
ofthis section;“continuing
foreign society”means—(a)aforeigncreditsocietyregisteredunderPart10oftheCreditSocieties Act 1986; or(b)a body that is—(i)acreditunionorcreditcooperativeunderthelawofaparticipating State; and(ii)in relation to
which an exemption is in force for the purposeof section 25(3)
of theCredit Societies Act 1986;immediately before the commencement of
this section;“continuing society”means a
continuing building society or continuingcredit
union;“CorporationsLaw”and“CorporationsRegulations”havethe
s76s8Financial Institutions (Queensland) Act
1992meaning given by Part 3 of theCorporations (Queensland) Act 1990;“LegislatureofthisState”meanstheLegislativeAssemblyofQueensland;“Magistrate”meansaStipendiaryMagistrateappointedundertheStipendiary Magistrates Act 1991;“previouslaw”meanstheBuildingSocietiesAct1985ortheCreditSocieties Act
1986;“Registrar”means the
Registrar of Commercial Acts, Brisbane;“the Code”means the Financial Institutions
(Queensland) Code;“this State”means the State
of Queensland.(2)TheCorporations(Queensland)Act1990,andtheapplicableprovisions of
Queensland within the meaning of that Act, are prescribed
forthepurposeofsection65(4)oftheFinancialInstitutions(Queensland)Code.†PART 3—POWER TO MAKE REGULATIONS
FORPURPOSES OF FINANCIAL INSTITUTIONS
CODE˙Interpretation7.(1)In
this Part—“the Code”means the
Financial Institutions Code set out in section 30 asin
force for the time being.(2)Words and
expressions used in the Code have the same respectivemeanings in this Part.˙General regulation-making power8.(1)The Governor in
Council may make regulations for the purposes ofthe
Code.
s97s9Financial Institutions (Queensland) Act
1992(2)AregulationmaybemadeonlyontherecommendationoftheMinisterial Council.˙Specific regulation-making
powers9.(1)A regulation may
make provision with respect to—(a)the
keeping of registers and records by the SSA; and(b)thelodgingorregistrationofdocuments,thetimeandwayofsubmittingdocumentsforlodgmentorregistrationandtherequirements with which documents
lodged with the SSA mustcomply; and(c)prescribing or approving forms for the
purposes of the Code, themethod of verifying any information
required by or in forms andthe completion
or preparation of forms in accordance with thedirections
contained in forms; and(d)prescribingfeesfortheregistrationorexemptionoffinancialbodies and fees
to be paid in relation to any document lodged,filed,
registered with or issued by the SSA under the Code or forany
act or service required or authorised to be performed by theSSA;
and(e)prescribingthewayinwhich,thepersonsbywhom,andthedirections or requirements in
accordance with which, forms usedforthepurposesoftheCodearerequiredorauthorisedtobesigned,preparedorcompletedandgenerallyregulatingthesigning, preparation and completion of
forms; and(f)the matters to be contained in the
rules of a financial body otherthan a building
society or a credit union; and(g)thesummoningof,conductof,andprocedureandvotingatmeetings required or authorised under the
Code to be held, thenumberofpersonsconstitutingaquorumatameeting,thesendingofnoticesofmeetingstopersonsentitledtoattendmeetings, the
lodging with the SSA of notices of meetings and ofresolutions passed at meetings; and(h)the proof of debts of a financial
body, the time within which debtscanormaybeprovedandgenerallyregulatingtheprovingof
s98s9Financial Institutions (Queensland) Act
1992debts for the purposes of the Code.(2)A regulation may require—(a)ifadocumentrequiredbyorundertheCodetobelodgedorgiven under the Code is required to be
verified or certified and noway of
verification or certification is prescribed by the Code—thatthedocumentsmustbeverifiedorcertifiedbystatutorydeclaration or
affidavit made by such persons as are prescribed;or(b)if no express
provision is made in the Code for verification orcertification of a document—that the
documents must be verifiedorcertifiedbystatutorydeclarationoraffidavitmadebysuchpersons as are
prescribed.(3)A regulation may provide that, if a
document that is required by orunder the Code to
be lodged with, or given to, the SSA is signed or solodged or given on behalf of a person by the
person’s agent duly authorisedin writing, there
must be—(a)lodged or given with; or(b)endorsed on; or(c)annexed to;the document, the
original or a verified copy of the authority.(4)For
the purpose of section 408 (Penalty notices) of the Code—(a)a regulation must not prescribe an
offence for which the penalty atthe time the
regulation is made exceeds $25 000; and(b)themaximumprescribedpenaltymustnotexceed50%ofthemaximum
pecuniary penalty applicable to the offence at the timethe
regulation is made.(5)A regulation may be made—(a)creating offences against the
regulation; and(b)fixingamaximumpenaltyofafineof$25000foracontravention of
the regulation.(6)A power conferred by this section to
make a regulation providing forthe imposition of
fees may be exercised by providing for all or any of
the
s
109s 10Financial
Institutions (Queensland) Act 1992following
matters—(a)specific fees;(b)maximum or minimum fees;(c)scales of fees;(d)the
reduction, waiver or refund of fees.˙Further specific regulation-making
powers10.(1)A regulation may
make provision with respect to—(a)the
objects of societies and, in particular, may—(i)restrict the application or scope of objects
by the impositionof conditions or otherwise; and(ii)make provision
of a savings or transitional nature in relationto any such
restriction; and(b)the powers of societies and, in
particular, may—(i)withdrawpowersofaspecifiedkindconferredbythefinancial
institutions legislation or the rules of a society; and(ii)restrict the
scope of powers of a specified kind conferred bythe
financial institutions legislation or the rules of a
society;and(iii)make provision
of a savings or transitional nature in relationto any such
withdrawal or restriction; and(c)the
information to be contained in returns to the SSA; and(d)the circumstances in which, and the
period within which, returnsmust be lodged
with the SSA; and(e)any documents that must be
incorporated in or be given with thereturns;
and(f)permittingasocietysubjecttoanyspecifiedconditions,exceptions or
qualifications, to insert in an account or report underthe
Code, in substitution for an amount that the society would
berequired or permitted to be set out in the
accounts or report, anamount ascertained under the
regulations (not being an amount
s
1110s 11Financial
Institutions (Queensland) Act 1992that is more
than $500 more or less than the first amount); and(g)securities the subject of any offer,
invitation or issue to the publicby a society and
the making of any such offer, invitation or issue,including—(i)the
form and contents of disclosure statements; and(ii)the
publication and contents of notices, advertisements andreports relating to such securities;
and(iii)trust deeds
relating to or securing such securities; and(iv)information, records or returns to be kept
or given in relationto such securities and the holders of
such securities; and(h)allowing
financial institutions included in a specified class to
issuepermanent shares and redeemable preference
shares.(2)Subsection (1)(a) does not apply in
relation to a primary object of abuildingsocietymentionedinsection110(Primaryobjectsofbuildingsocieties) of the
Code.(3)Withoutlimitingsubsection(1)(c),theinformationthatmayberequired in a
return may comprise or include information relating to—(a)a subsidiary of the society; or(b)abodycorporateorotherentityformedoracquiredoutsideAustralia by a subsidiary; or(c)abodycorporateorotherentity(whetherwithinoroutsideAustralia) with
which—(i)the society; or(ii)a
subsidiary of the society; or(iii)a
body corporate or other entity mentioned in paragraph (b);has
invested funds.(4)For the purposes of subsection (1)(f),
the insertion of zero is taken tobe the insertion
of an amount.
s
1211s 14Financial
Institutions (Queensland) Act 1992˙Savings and transitional regulation-making
power11.(1)A regulation may
make provision of a saving or transitional natureconsequent on the commencement of the Code or
a provision of the Code.(2)If the
regulation so provides, it has effect despite any provision of
theCode.†PART
4—STATE SUPERVISORY AUTHORITY˙QOFS
is State Supervisory Authority12.TheQueenslandOfficeofFinancialSupervisionistheStateSupervisory
Authority for Queensland.†PART 5—SPECIAL
QUEENSLAND PROVISIONS OFA SAVINGS OR TRANSITIONAL
NATURE˙Interpretation—words etc. used in
Financial Institutions(Queensland) Code13.WordsandexpressionsusedintheFinancialInstitutions(Queensland) Code
have the same respective meanings in this Part.˙Mergers14.(1)Aspecialresolutionofacontinuingsocietyapprovinganamalgamation and its terms under—(a)section 118 of theBuilding
Societies Act 1985; or(b)section 122 of theCredit Societies
Act 1986;that has not been registered under the
Act before the commencement of thissectionistaken,forthepurposeofsection293(2)oftheFinancialInstitutions(Queensland)Code,tobeaspecialresolutionapprovinga
s
1512s 15Financial
Institutions (Queensland) Act 1992proposed
merger.(2)Compliance by a continuing society
with—(a)section 121(1) to (3) of theBuilding Societies Act 1985;
or(b)section 125(1) to (3) of theCredit Societies Act 1986;in relation to an amalgamation is taken
to be compliance by the society withsection 293(3)
and (4) of the Financial Institutions (Queensland) Code inrelation to a proposed merger.(3)An application by 2 or more continuing
societies to be registered asan amalgamated
building society or credit society under—(a)section 118 of theBuilding
Societies Act 1985; or(b)section 122 of theCredit Societies
Act 1986;that has not been determined under the
Act before the commencement ofthis section is
taken to be an application for the registration of a mergermade
under section 293 of the Financial Institutions (Queensland)
Code.˙Transfer of engagements15.(1)A special
resolution of a continuing society—(a)transferring its engagements to another
continuing society undersection119(1)oftheBuildingSocietiesAct1985,orsection123(1) of
theCredit Societies Act 1986;
or(b)undertakingtofulfiltheengagementsofanothercontinuingsocietyundersection119(2)(a)oftheBuildingSocietiesAct1985, or section
123(2)(a) of theCredit Societies Act 1986;that has not been registered under the
Act before the commencement of thissectionistaken,forthepurposeofsection293(2)oftheFinancialInstitutions(Queensland)Code,tobeaspecialresolutionapprovingaproposed transfer of
engagements.(2)A resolution of a general meeting of a
continuing society, or of itsboard,
undertaking to fulfil the engagements of another continuing
societyunder—(a)section 119(2)(b) of theBuilding
Societies Act 1985; or(b)section 123(2)(b) of theCredit Societies
Act 1986;
s
1613s 18Financial
Institutions (Queensland) Act 1992istakentobeanapproval,withtheconsentoftheSSA,ofaproposedtransfer of
engagements by the society’s board under section 293(2) of
theFinancial Institutions (Queensland)
Code.(3)Compliance by a
continuing society with—(a)section 121(1)
to (3) of theBuilding Societies Act 1985;
or(b)section 125(1) to (3) of theCredit Societies Act 1986;in relation to a transfer of
engagements is taken to be compliance by thesocietywithsection293(3)and(4)oftheFinancialInstitutions(Queensland)
Code.˙Directed transfer of engagements16.A direction to a continuing society
under—(a)section 120 of theBuilding
Societies Act 1985; or(b)section 124 of theCredit Societies
Act 1986;that it transfer its engagements to
another continuing society and that is inforce immediately
before the commencement of this section is taken to be adirection to the society given by the SSA
under section 296 of the FinancialInstitutions
(Queensland) Code.˙Suspension of operations17.A direction given to a continuing
society under—(a)section 123 of theBuilding
Societies Act 1985; or(b)section 128 of theCredit Societies
Act 1986;that is in force immediately before the
commencement of this section istaken to be a
direction given to the society by the SSA under section 89
ofthe Financial Institutions (Queensland)
Code.˙Administrator etc.18.(1)An
administrator of a continuing society appointed under—(a)section 124 of theBuilding
Societies Act 1985; or
s
1914s 20Financial
Institutions (Queensland) Act 1992(b)section 129 of theCredit Societies
Act 1986;istakentobeappointedbytheSSAundersection90oftheFinancialInstitutions
(Queensland) Code.(2)Directors of a continuing society
appointed under—(a)section 124(10) of theBuilding Societies Act 1985;
or(b)section 129(11) of theCredit Societies Act 1986;are taken to have been appointed under
section 90(9)(d) of the FinancialInstitutions
(Queensland) Code.(3)Action taken in relation to a
continuing society under—(a)section 125 of
theBuilding Societies Act 1985;
or(b)section 130 of theCredit Societies
Act 1986;is taken to have been taken by the SSA
under section 91 of the FinancialInstitutions
(Queensland) Code.˙Proceedings under Building Societies
Act 1985 or Credit Societies Act198619.(1)The SSA may
institute proceedings under theBuilding
SocietiesAct1985,ortheCreditSocietiesAct1986,inrelationtoacontinuingsociety.(2)Forthepurposeofsubsection(1),areferenceintheActtotheRegistrar is taken to be a reference to
the SSA.˙Investigations20.(1)If,immediatelybeforethecommencementofthissection,aninvestigationisbeingconductedintotheaffairsofacontinuingsocietyunder—(a)Division 3 of Part 10 of theBuilding Societies Act 1985;
or(b)Division 3 of Part 11 of theCredit Societies Act 1986;the investigation may continue under
Part 10 of the Financial Institutions(Queensland)
Code.(2)For the purpose of continuing the
investigation, the SSA may appoint
s
2115s 23Financial
Institutions (Queensland) Act 1992an investigator
under section 348 of the Financial Institutions (Queensland)Code.(3)Any document or
other information properly obtained by the personconducting the investigation before the
commencement of this section maybe had regard to
by the person continuing the investigation.˙Special meeting or inquiry21.(1)Aspecialmeetingorinquirycalledorstartedinrelationtoacontinuing society under—(a)section 179 of theBuilding
Societies Act 1985; or(b)section 196 of theCredit Societies
Act 1986;may continue under the Financial
Institutions (Queensland) Code.(2)The meeting is taken to have been
called or started under section 87of the Financial
Institutions (Queensland) Code.˙Amount
credited to Credit Societies Guarantee Fund22.(1)In
this section—“CreditSocietiesGuaranteeFund”meansthefundofthatnameestablished under theCredit Societies
Act 1986.(2)The amount
standing to the credit of the Credit Societies GuaranteeFund
immediately before the commencement of this section, is credited
tothe Credit Unions Contingency Fund.˙Regulations23.(1)The
Governor in Council may make regulations of a savings ortransitional nature consequent on the
enactment of this Act or theAustralianFinancial
Institutions Commission Act 1992.(2)Aregulationmayprovideforthecontinuance,winding-upordistributionofthePermanentBuildingSocietiesContingencyFundestablished under theBuilding
Societies Act 1985and has effect despite anyprovision of that Act.(3)If a
regulation so provides, it has effect despite any provision of
this
s
2716s 27Financial
Institutions (Queensland) Act 1992Act, the
Financial Institutions (Queensland) Code, theAustralian
FinancialInstitutions Commission Act 1992or
the AFIC (Queensland) Code.(4)AregulationmaybemadeonlyontherecommendationoftheMinisterial Council.†PART 6—MISCELLANEOUS†Division 3—Other matters˙Investment of trust funds27.(1)OnapplicationmadebyabuildingsocietytotheSSAforthepurpose, the Governor in Council may,
by order in council, approve thesociety for the
purposes of section 21(1)(k) of theTrusts Act
1973.(2)The Governor in
Council may make regulations for the purposes ofthis
section.(3)AregulationmaybemadeonlyontherecommendationoftheMinisterial Council.(4)A regulation may prescribe—(a)guidelines for the determination of
applications; and(b)requirementswithwhichabuildingsocietyapprovedundersubsection (1) must comply; and(c)offences punishable on conviction by a
maximum penalty of afine of 200 penalty units for
contravention of the requirements.(5)An
approval in force under section 227 of theBuilding
Societies Act1985immediately before the commencement of
this section is taken to bean approval given
under subsection (1).(6)A regulation
made for the purposes of section 227 of theBuildingSocieties Act 1985that is in force
immediately before the commencement ofthis
section—(a)remains in force for 1 year after the
commencement; and
s
2817s 30Financial
Institutions (Queensland) Act 1992(b)is
taken to have been made for the purposes of subsection (2)
ofthis section; and(c)applies with any necessary modifications;
and(d)may be amended by regulation made
under subsection (2).˙Building society
may be registered issuer or packager28.A
building society may, despite its rules, become a registered
issueror a registered packager under theMortgages (Secondary Market) Act 1984and
carry on business as such under that Act.†PART
7—FINANCIAL INSTITUTIONS CODE˙Financial Institutions Code30.The Financial Institutions Code is as
follows—[TheFinancialInstitutions(Queensland)Codeisreprintedasaseparate reprint.]
19Financial Institutions (Queensland) Act
1992´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes an arabic letter, the reprint was released
inunauthorised, electronic form only.]Reprint No.12Amendments includednoneto Act No. 27 of 1994Reprint date1 July
199220 July 1994´5List of legislationFinancial Institutions (Queensland) Act 1992
No. 7date of assent 27 March 1992ss
1–2 commenced on date of assentremainingprovisionscommenced1July1992(SLNo.168gaz26June1992p 2045)as amended
by—Financial Institutions Legislation Amendment
Act 1994 No. 27 pts 1–2date of assent 28 June 1994ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 1994 (1994 SL No. 222)Financial Institutions Legislation Amendment
Act 1997 No. 33 ss 1–2(1), (2) pt 5date of assent 18
July 1997s 125 not yet proclaimed into forcess
124, 126 commenced 1 July 1992 (see s 2(2))remaining
provisions commenced on date of assent´6List of annotationsInterpretationofsomeexpressionsintheFinancialInstitutions(Queensland)Code and the
Financial Institutions (Queensland) Regulationss 6def“Friendly Societies Code”ins
1997 No. 33 s 125Amount credited to Credit Societies Guarantee
Funds 22amd 1997 No. 33 s 126Division 1—Repeal of Credit Societies
Actdiv 1 (s 24)om R1 (see RA s
40)Division 2—Amendment of Building Societies
Actdiv 2 (s 25)om R1 (see RA s
40)