the individual’s history; and

medical examination of the individual; and

results of relevant medical investigations conducted in relation to the individual.

subject to paragraph (b), includes an illness, syndrome and disorder; and

does not include an individual’s genetic predisposition to a disease (within the meaning of paragraph (a)) if the individual has not yet received a clinical diagnosis for that disease.

whether or not to enter into, or to offer to enter into, a proposed contract of life insurance;

the terms and conditions on which the insurer is to enter into, or to offer to enter into, a proposed contract of life insurance;

whether or not to propose an extension, variation or reinstatement of a contract of life insurance, or to agree to a proposed extension, variation or reinstatement of a contract of life insurance;

the terms and conditions on which the insurer is to propose an extension, variation or reinstatement of a contract of life insurance, or to agree to a proposed extension, variation or reinstatement of a contract of life insurance.

whether or not in Australia; and

whether or not on an ongoing or regular basis.

analysis or interpretation of information derived from an individual’s deoxyribonucleic acid (DNA), ribonucleic acid (RNA) or chromosome;

analysis or interpretation of information derived from any molecules or factors that influence or modify an individual’s gene expression (including epigenetic tests), conducted to:

detect, infer or predict genotypes or genetic variants; or

predict the individual’s risk of developing a disease in the future;

analysis or interpretation of information derived from any product of an individual’s gene expression (such as a protein), biomarkers or metabolites, conducted to:

detect, infer or predict genotypes or genetic variants; or

predict the individual’s risk of developing a disease in the future.

information about whether the individual (or a genetic relative of the individual):

has undergone genetic testing; or

intends to undergo genetic testing; or

has been recommended to undergo genetic testing; or

information about any genetic testing undergone by the individual (or a genetic relative of the individual), including the results of such testing.

the name of a disease for which the individual (or a genetic relative of the individual) has received a clinical diagnosis, whether or not the clinical diagnosis is based on or informed by genetic testing;

for any disease for which the individual has received a clinical diagnosis, whether or not the clinical diagnosis is based on or informed by genetic testing—any of the following information (not including the actual results of genetic testing):

information about the characteristics, natural history or prognosis of the disease;

information about any past, current or intended treatment of the disease.

to provide the protected genetic information; or

to provide a kind of information in which that protected genetic information is included.

the insurer makes a life insurance contract decision in relation to a contract of life insurance or proposed contract of life insurance; and

in making the decision, the insurer takes into account the results of life insurance underwriting conducted in relation to a life insured; and

protected genetic information about the life insured was solicited or used for the purpose of the life insurance underwriting by:

the insurer; or

any other person who conducted or assisted with the life insurance underwriting.

the insurer makes a life insurance contract decision in relation to a contract of life insurance or proposed contract of life insurance; and

in making the decision, the insurer takes into account the results of life insurance underwriting conducted in relation to a life insured; and

protected genetic information about the life insured was solicited or used for the purpose of the life insurance underwriting by:

the insurer; or

any other person who conducted or assisted with the life insurance underwriting.

(a) any of the following knowingly gave the protected genetic information to the insurer, or to another person (an underwriting person) who conducted or assisted with the life insurance underwriting:

the life insured;

a treating medical practitioner of the life insured who is authorised to do so by the life insured;

an agent of the life insured acting on behalf of the life insured; and

the protected genetic information was given without the insurer or underwriting person soliciting the protected genetic information; and

the insurer or underwriting person obtained the written consent of the life insured, or an agent of the life insured acting on behalf of the life insured, for use of the protected genetic information in the life insurance underwriting; and

if a form was approved in an instrument under subsection (4) at the time the consent was obtained—the consent was in that form; and

the use of the information did not, in relation to the life insurance contract decision, disadvantage the insured, any life insured or any third party beneficiary under the contract.

this Division;

subsection 20B(5A);

subsection 21(3A);

section 25A;

subsections 47(3) and (4);

any other provision of this Act to the extent that it relates to a provision mentioned in any of the above paragraphs;

a provision of a legislative instrument made for the purposes of a provision mentioned in any of the above paragraphs.

consider whether the operation of the provisions is effective in providing reasonable certainty to individuals about the use of protected genetic information in relation to contracts of life insurance; and

identify any unintended consequences of the operation of the provisions.

a refusal to offer the person a life insurance policy; or

the terms and conditions on which a life insurance policy is offered to, or may be obtained by, the person.

that is made on or after the commencement day; and

that is not an automatic variation, but is expressly agreed between the person issuing and the person insured under the policy before the policy is varied.

the contract is not a contract of life insurance; and

at the time when contract was entered into, the insured was not aware of, and a reasonable person in the circumstances could not be expected to have been aware of, the sickness or disability;

the contract is a contract of life insurance; and

at the time when the contract was entered into, neither the life insured to whom the claim relates nor the insured (if not the life insured) was aware of, and a reasonable person in the circumstances could not be expected to have been aware of, the sickness or disability;

a disease that is of a genetic nature and is a thing prescribed by the regulations for the purposes of this paragraph; or

a genetic predisposition to a disease if:

as at the time the contract was entered into, the life insured (or the genetic relative of the life insured) has not yet received a clinical diagnosis for that disease; and

the genetic predisposition is not a thing prescribed by the regulations for the purposes of this paragraph.

(a) disregarding subsection 11(9) of the Insurance Contracts Act 1984, is entered into before the commencement day; and

(b) is extended, varied or reinstated on or after the commencement day as mentioned in paragraph 11(9)(a) or (c) of the Insurance Contracts Act 1984.

the variation is made on or after the commencement day; and

the variation is not an automatic variation, but is expressly agreed between the insurer and the insured before the contract is varied.

all of the following apply:

the financial service is provided only to professional investors;

the person provides the financial service from a place outside this jurisdiction, unless subsection 911E(1) (about marketing visits) applies to the financial service;

the person’s head office and principal place of business are located at one or more places outside this jurisdiction;

the person reasonably believes that providing the same or substantially the same financial service would not contravene any law applying in any of the places referred to in subparagraph (ii) or (iii);

the person notifies ASIC in accordance with subsection (5AA) of this section that the person intends to rely on the exemption in this paragraph for providing the financial service;

all of the following apply:

the financial service is provided only to wholesale clients;

the person is a foreign company or is a partnership formed outside this jurisdiction;

(iii) the person has and maintains any authorisations, registrations or licences (however described) necessary to legally provide the same or substantially the same financial service in a place outside this jurisdiction (the comparable jurisdiction);

(iv) the regulator administering those authorisations, registrations or licences for the comparable jurisdiction is a regulator determined under subsection 911W(1) (the financial service’s comparable regulator);

the person notifies ASIC in accordance with subsection (5AA) of this section that the person intends to rely on the exemption in this paragraph for providing the financial service;

all of the following apply:

the financial service involves making a market for derivatives that are able to be traded on a licensed market prescribed by the regulations for the purposes of this subparagraph;

the person provides the financial service from a place outside this jurisdiction;

the person’s head office and principal place of business are located at one or more places outside this jurisdiction;

the person reasonably believes that providing the same or substantially the same financial service would not contravene any law applying in any of the places referred to in subparagraph (ii) or (iii);

the person notifies ASIC in accordance with subsection (5AA) of this section that the person intends to rely on the exemption in this paragraph for providing the financial service;

during the period:

starting on the 15th business day before the first day on which the person starts providing the service; and

ending on the 15th business day after the first day on which the person starts providing the service; and

by giving ASIC the notice in a written form that:

is approved by ASIC; and

includes the person’s contact details; and

describes the service; and

includes the information, statements, explanations or other matters required by the approved form; and

is accompanied by any other material required by the approved form; and

is given in a manner required by the approved form (including in electronic form).

is approved by ASIC; and

includes the person’s contact details; and

describes the service; and

includes the information, statements, explanations or other matters required by the approved form; and

is accompanied by any other material required by the approved form; and

is given in a manner required by the approved form (including in electronic form).

from this jurisdiction; and

on a day during a financial year;

the day is during a marketing visit by a representative of the person; and

at the start of that day, the total length of marketing visits to this jurisdiction during the financial year by the representative is already 28 days or more.

count each marketing visit to this jurisdiction:

by the representative of the person; and

that includes time spent by the representative with any client (or prospective client) of the person in relation to any financial service; and

whether or not the visit has ended;

count each whole day of the visit on which the representative spent time with a client (or prospective client);

count as a whole day any part day at the start or end of the visit if the representative spent time with a client (or prospective client) on the day;

for the purposes of this subsection, time is spent by the representative with a client (or prospective client), whether or not more than one representative of the person spent the time with the client (or prospective client).

a particular kind of financial service; or

a particular kind of financial service in relation to a particular kind of financial product; or

a particular kind of financial product; or

a particular kind of professional investor.

the conditions in subsection 911H(2) and sections 911J, 911K, 911L and 911M; and

any additional conditions imposed under section 911U for the exemption’s future application to the person.

the person contravenes any of these conditions, other than the condition in section 911M; or

ASIC reasonably believes that the person has contravened the condition in section 911M (about providing financial services efficiently, honestly and fairly); or

ASIC reasonably believes that the person (or a related person) is not a fit and proper person;

the conditions in sections 911H, 911J, 911K, 911L, 911M, 911N and 911P; and

any additional conditions imposed under section 911U for the exemption’s future application to the person.

the person contravenes any of these conditions, other than the condition in section 911M; or

ASIC reasonably believes that the person has contravened the condition in section 911M (about providing financial services efficiently, honestly and fairly); or

ASIC reasonably believes that the person (or a related person) is not a fit and proper person;

the conditions in sections 911H, 911J, 911L and 911M; and

any additional conditions imposed under section 911U for the exemption’s future application to the person.

the person contravenes any of these conditions, other than the condition in section 911M; or

ASIC reasonably believes that the person has contravened the condition in section 911M (about providing financial services efficiently, honestly and fairly); or

ASIC reasonably believes that the person (or a related person) is not a fit and proper person;

apart from the exemption under paragraph 911A(2)(eo), (ep) or (eq), the person would contravene subsection 911A(5B) in relation to providing a financial service; and

the person contravenes a condition for the exemption.

that legal proceedings relating to providing any of the kinds of financial service in reliance on the exemption may be brought in a Court by ASIC or another Commonwealth authority; and

if such proceedings are brought in a Court—that the law relating to providing such a service is the law in force in this jurisdiction; and

subject to subsection (5) of this section, to comply with any order of a Court from such proceedings.

during the period:

starting on the 15th business day before the first day on which the person intends to start providing any of the kinds of financial service in reliance on the exemption; and

ending on the 15th business day after the first day on which the person starts providing any of the kinds of financial service in reliance on the exemption; and

in a written form that:

is approved by ASIC; and

includes the information, statements, explanations or other matters required by the approved form; and

is accompanied by any other material required by the approved form; and

is given in a manner required by the approved form (including in electronic form).

for the exemption under paragraph 911A(2)(ep)—a comparable jurisdiction referred to in subparagraph 911A(2)(ep)(iii) for such a service; or

for the exemption under paragraph 911A(2)(eq)—any of the places referred to in subparagraph 911A(2)(eq)(ii) or (iii) for such a service.

one or more of those financial services;

one or more of those kinds of financial service;

the person’s related financial services business.

may be given at any time; and

may require a statement containing information to be given to ASIC on a periodic basis, or each time a particular event or circumstance occurs, without ASIC having to give a further direction; and

may require each statement to be given to ASIC in a written form that:

is approved by ASIC; and

includes the information, statements, explanations or other matters required by the approved form; and

is accompanied by any other material required by the approved form; and

is given in a manner required by the approved form (including in electronic form).

within the time specified in the direction if that is a reasonable time; or

in any other case—within a reasonable time.

before the person starts providing that kind of financial service to the recipient in reliance on the exemption; or

if that is not practicable—as soon as practicable after starting to do so.

a statement to the effect that the person is exempt from the requirement to hold an Australian financial services licence covering the provision of that kind of financial service; and

a statement explaining either that:

the exemption is under paragraph 911A(2)(eo) of this Act, which is an exemption for a financial service provided only to professional investors; or

the exemption is under paragraph 911A(2)(ep) of this Act, which is an exemption for a financial service provided only to wholesale clients.

for the exemption under paragraph 911A(2)(eo)—a professional investor; or

for the exemption under paragraph 911A(2)(ep)—a wholesale client.

as soon as practicable after the change happens; and

by giving the notice to ASIC in a written form that:

is approved by ASIC; and

includes the information, statements, explanations or other matters required by the approved form; and

is accompanied by any other material required by the approved form; and

is given in a manner required by the approved form (including in electronic form).

the financial services involve:

providing financial product advice; or

dealing in a financial product; or

making a market for a financial product;

the financial services involve:

providing financial product advice; or

dealing in a financial product; or

making a market for a financial product;

the financial services are custodial or depository services involving holding financial products, or beneficial interests in financial products, if:

the financial products were issued outside this jurisdiction; and

the financial products, or the beneficial interests, are being held outside this jurisdiction; or

circumstances exist that are of a kind prescribed by the regulations for the purposes of this paragraph.

starting on the 15th business day before the first day on which the person intends to start providing one or more kinds of financial service in reliance on the exemption; and

ending on the 15th business day after the first day on which the person starts providing one or more kinds of financial service in reliance on the exemption;

ASIC; and

the comparable regulator for each financial service of that kind;

is approved by ASIC; and

includes the information, statements, explanations or other matters required by the approved form; and

is accompanied by any other material required by the approved form; and

is given in a manner required by the approved form (including in electronic form).

any regulator in any place outside this jurisdiction; or

any government authority in any place outside this jurisdiction; or

any operator of a financial market, in any place outside this jurisdiction, in which the person is a participant.

as soon as practicable, and before the 15th business day, after the day on which the person becomes aware, or would reasonably be expected to have become aware, of the action or investigation; and

by giving the notice to ASIC in a written form that:

is approved by ASIC; and

includes the information, statements, explanations or other matters required by the approved form; and

is accompanied by any other material required by the approved form; and

is given in a manner required by the approved form (including in electronic form).

if the person is a foreign company—the person’s agent is appointed under Division 2 of Part 5B.2 as the person’s local agent; or

if the person is not a foreign company but is a partnership formed outside this jurisdiction—the person complies with any obligations under paragraph 912A(1)(j) relating to the person’s agent that the person would have to comply with if the person were a financial services licensee.

as soon as practicable, and before the 30th business day, after the day on which the person becomes aware, or would reasonably be expected to have become aware, of the contravention; and

by giving the particulars to ASIC in a written form that:

is approved by ASIC; and

includes the information, statements, explanations or other matters required by the approved form; and

is accompanied by any other material required by the approved form; and

is given in a manner required by the approved form (including in electronic form).

applying to a person for providing one or more specified kinds of financial service; or

applying to a person for providing any kind of financial service;

applying to a person for providing one or more specified kinds of financial service; or

applying to a person for providing any kind of financial service;

(a) the person (the first person) is not a fit and proper person to provide a financial service; or

a person mentioned in a paragraph of subsection 913BA(1) in relation to the first person is not a fit and proper person for a purpose mentioned in that paragraph (assuming any reference in that paragraph to a licence were a reference to the exemption).

taking reasonable steps to give the person written notice of:

the proposed cancellation and the reasons for it; and

the opportunity to appear (or be represented) at a hearing before ASIC that takes place in private, and to make submissions to ASIC in relation to the matter; and

taking into account any information given to ASIC at such a hearing or in such submissions.

the cancellation and the reasons for it; and

the day the cancellation is to take effect (which must not be before the day the notice is given to the person).

the person contravenes a condition for the exemption (see subsection 911G(1), (2) or (3)); or

the person fails to comply with section 911Q in relation to a contravention of a condition for the exemption.

cancel the exemption partially or completely (see section 911R); or

vary the additional condition, or impose another additional condition, under this section.

on the person’s request under subsection (3); or

on ASIC’s own initiative.

is approved by ASIC; and

includes the information, statements, explanations or other matters required by the approved form; and

is accompanied by any other material required by the approved form; and

is given in a manner required by the approved form (including in electronic form).

imposing an additional condition;

varying an additional condition on ASIC’s own initiative;

refusing to comply with a request made by the person under subsection 911U(3).

taking reasonable steps to give the person written notice of:

the proposed decision and the reasons for it; and

the opportunity to appear (or be represented) at a hearing before ASIC that takes place in private, and to make submissions to ASIC in relation to the matter; and

taking into account any information given to ASIC at such a hearing or in such submissions.

the decision and the reasons for it; and

the day the decision is to take effect (which must not be before the day the notice is given to the person).

the licensing exemption under paragraph 911A(2)(ep); and

the exemptions under subsections 913B(2A) and 914B(2A) from the fit and proper person test.

whether the regulatory regime that the regulator administers produces broadly comparable outcomes to this jurisdiction in regulating and improving the performance of:

the relevant financial services system; and

the financial services providers in that system; and

whether that regulatory regime is clear, transparent, certain and adequately enforced; and

(c) whether that regulatory regime is broadly consistent with the Objectives and Principles of Securities Regulation, developed by the International Organization of Securities Commissions (IOSCO) and as in force from time to time; and

whether the regulator:

is a signatory to the Multilateral Memorandum of Understanding Concerning Consultation and Cooperation and the Exchange of Information, developed by the IOSCO and as in force from time to time; or

is a party to any other effective cooperation arrangement with ASIC; and

any relevant submission received:

from the regulator; or

from any entity in relation to the regulator or that regulatory regime; and

any relevant advice (including any assessment) received from ASIC in relation to the regulator or that regulatory regime; and

any other matters prescribed by the regulations for the purposes of this paragraph.

give advice to the Minister; and

if the Minister requests, include with the advice an assessment of one or more of the matters in subsection (2) in relation to the regulator or the regulatory regime that the regulator administers.

the applicant is a foreign company or is a partnership formed outside this jurisdiction; and

the licence, if granted, would be restricted to the provision of financial services to wholesale clients; and

the applicant holds any authorisations, registrations or licences (however described) that:

are necessary to legally provide the same or substantially the same financial services in a place outside this jurisdiction; and

are issued (however described) by a regulator determined under subsection 911W(1).

the applicant is a foreign company or is a partnership formed outside this jurisdiction; and

the licence, if the application is granted, would be restricted to the provision of financial services to wholesale clients; and

the applicant holds any authorisations, registrations or licences (however described) that:

are necessary to legally provide the same or substantially the same financial services in a place outside this jurisdiction; and

are issued (however described) by a regulator determined under subsection 911W(1).

for ASIC to take certain action in relation to Australian financial services licences; and

that are made on or after the commencement of that Schedule;

the regulator can be identified from a legislative instrument made by ASIC and in force immediately before the commencement of that Schedule; and

the regulator is responsible for regulating the provision of financial services by providers in a place outside this jurisdiction; and

the legislative instrument exempted those providers from certain provisions of Part 7.6 (about licensing of providers of financial services) in relation to the provision of financial services.

the obligation requires (or could require) Australia to make one or more payments;

the obligation is undertaken or imposed under:

the Bank Agreement; or

(ii) an agreement or arrangement between Australia and the Bank (other than an agreement mentioned in International Monetary Agreements Act 1947); orsection 8CA of the

a resolution adopted by the Board of Governors of the Bank;

for an obligation undertaken or imposed under an agreement, arrangement or resolution mentioned in subparagraph (b)(ii) or (iii)—the agreement, arrangement or resolution relates to Australia:

purchasing or subscribing to shares of the capital stock of the Bank; or

purchasing a bond, debenture, convertible note or similar financial instrument issued by the Bank; or

granting a guarantee in support of the purpose of the Bank; or

providing any other form of financial accommodation in support of the purpose of the Bank;

the obligation is not excluded by a determination under subsection (4).

(a) an obligation that is undertaken or imposed after the commencement of this section is a relevant financial obligation only if notice of the obligation has been given under subsection (5); and

an increase in an amount of a relevant financial obligation because of the variation of, or making of a new, agreement, arrangement or resolution after the commencement of this section is to be taken into account only if notice of the increase has been given under subsection (5).

the undertaking or imposition of an obligation for the purposes of paragraph (2)(a); or

an increase in an amount for the purposes of paragraph (2)(b).

(a) the earliest day or time applicable under subsection 12(1) of the Legislation Act 2003;

(b) the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislation Act 2003 disallowing the instrument could be passed.

making any payments necessary to meet relevant financial obligations; and

making any payments necessary to redeem securities issued under section 5.

non-negotiable; and

non-interest bearing; and

payable to the Bank or other body at its par value on demand.

the Secretary of the Department; or

an SES employee, or an acting SES employee, in the Department.

if Australia is required to make the payment by way of subscription to shares in the Bank; or

if Australia is otherwise required to make the payment in accordance with the Bank Agreement.

the obligation requires (or could require) Australia to make one or more payments;

the obligation is undertaken or imposed under:

the Bank Agreement; or

an agreement or arrangement between Australia and the Bank; or

a resolution adopted by the Board of Governors of the Bank;

for an obligation undertaken or imposed under an agreement, arrangement or resolution mentioned in subparagraph (b)(ii) or (iii)—the agreement, arrangement or resolution relates to Australia:

purchasing or subscribing to shares of the capital stock of the Bank; or

purchasing a bond, debenture, convertible note or similar financial instrument issued by the Bank; or

granting a guarantee in support of the purpose of the Bank; or

providing any other form of financial accommodation in support of the purpose of the Bank;

the obligation is not excluded by a determination under subsection (4).

(a) an obligation that is undertaken or imposed after the commencement of this section is a relevant financial obligation only if notice of the obligation has been given under subsection (5); and

an increase in an amount of a relevant financial obligation because of the variation of, or making of a new, agreement, arrangement or resolution after the commencement of this section is to be taken into account only if notice of the increase has been given under subsection (5).

the undertaking or imposition of an obligation for the purposes of paragraph (2)(a); or

an increase in an amount for the purposes of paragraph (2)(b).

(a) the earliest day or time applicable under subsection 12(1) of the Legislation Act 2003;

(b) the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislation Act 2003 disallowing the instrument could be passed.

non-negotiable; and

non-interest bearing; and

payable to the Bank or other body at its par value on demand.

making any payments necessary to meet relevant financial obligations; and

making any payments necessary to redeem securities issued under section 5.

the Secretary of the Department; or

an SES employee, or an acting SES employee, in the Department.

the obligation requires (or could require) Australia to make one or more payments;

the obligation is undertaken or imposed under:

the Bank Agreement; or

an agreement or arrangement between Australia and the Bank; or

a resolution adopted by the Board of Governors of the Bank;

for an obligation undertaken or imposed under an agreement, arrangement or resolution mentioned in subparagraph (b)(ii) or (iii)—the agreement, arrangement or resolution relates to Australia:

purchasing or subscribing to shares of the capital stock of the Bank; or

purchasing a bond, debenture, convertible note or similar financial instrument issued by the Bank; or

granting a guarantee in support of the purpose of the Bank; or

providing any other form of financial accommodation in support of the purpose of the Bank;

the obligation is not excluded by a determination under subsection (4).

(a) an obligation that is undertaken or imposed after the commencement of this section is a relevant financial obligation only if notice of the obligation has been given under subsection (5); and

an increase in an amount of a relevant financial obligation because of the variation of, or making of a new, agreement, arrangement or resolution after the commencement of this section is to be taken into account only if notice of the increase has been given under subsection (5).

the undertaking or imposition of an obligation for the purposes of paragraph (2)(a); or

an increase in an amount for the purposes of paragraph (2)(b).

(a) the earliest day or time applicable under subsection 12(1) of the Legislation Act 2003;

(b) the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislation Act 2003 disallowing the instrument could be passed.

making any payments necessary to meet relevant financial obligations; and

making any payments necessary to redeem securities issued under section 5.

non-negotiable; and

non-interest bearing; and

payable to the Bank or other body at its par value on demand.

the Secretary of the Department; or

an SES employee, or an acting SES employee, in the Department.

the obligation requires (or could require) Australia to make one or more payments;

the obligation is undertaken or imposed under:

the Agreement; or

(ii) an agreement or arrangement between Australia and the International Finance Corporation (other than an agreement mentioned in International Monetary Agreements Act 1947); orsection 8CA of the

a resolution adopted by the Board of Governors of the International Finance Corporation;

for an obligation undertaken or imposed under an agreement, arrangement or resolution mentioned in subparagraph (b)(ii) or (iii)—the agreement, arrangement or resolution relates to Australia:

purchasing or subscribing to shares of the capital stock of the International Finance Corporation; or

purchasing a bond, debenture, convertible note or similar financial instrument issued by the International Finance Corporation; or

granting a guarantee in support of the purpose of the International Finance Corporation; or

providing any other form of financial accommodation in support of the purpose of the International Finance Corporation;

the obligation is not excluded by a determination under subsection (4).

(a) an obligation that is undertaken or imposed after the commencement of this section is a relevant financial obligation only if notice of the obligation has been given under subsection (5); and

an increase in an amount of a relevant financial obligation because of the variation of, or making of a new, agreement, arrangement or resolution after the commencement of this section is to be taken into account only if notice of the increase has been given under subsection (5).

the undertaking or imposition of an obligation for the purposes of paragraph (2)(a); or

an increase in an amount for the purposes of paragraph (2)(b).

(a) the earliest day or time applicable under subsection 12(1) of the Legislation Act 2003;

(b) the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislation Act 2003 disallowing the instrument could be passed.

the obligation requires (or could require) Australia to make one or more payments;

the obligation is undertaken or imposed under:

the Bank Agreement; or

an agreement or arrangement between Australia and the Bank (other than an agreement mentioned in section 8CA); or

a resolution adopted by the Board of Governors of the Bank;

for an obligation undertaken or imposed under an agreement, arrangement or resolution mentioned in subparagraph (b)(ii) or (iii)—the agreement, arrangement or resolution relates to Australia:

purchasing or subscribing to shares of the capital stock of the Bank; or

purchasing a bond, debenture, convertible note or similar financial instrument issued by the Bank; or

granting a guarantee in support of the purposes of the Bank; or

providing any other form of financial accommodation in support of the purposes of the Bank;

the obligation is not excluded by a determination under subsection (5).

(a) an obligation that is undertaken or imposed after the commencement of this section is a relevant financial obligation in relation to the Bank only if notice of the obligation has been given under subsection (5); and

an increase in an amount of a relevant financial obligation in relation to the Bank because of the variation of, or making of a new, agreement, arrangement or resolution after the commencement of this section is to be taken into account only if notice of the increase has been given under subsection (5).

the undertaking or imposition of an obligation for the purposes of paragraph (2)(a); or

an increase in an amount for the purposes of paragraph (2)(b).

(a) the earliest day or time applicable under subsection 12(1) of the Legislation Act 2003;

(b) the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislation Act 2003 disallowing the instrument could be passed.

any payment that Australia is required to make to the Fund;

any Australian currency held by the Fund.

any payment to the Bank or other body that Australia is required to make in accordance with a relevant financial obligation in relation to the Bank;

any Australian currency held by the Bank.

non-negotiable; and

non-interest bearing; and

payable to the Fund, Bank or other body, as the case may be, at its par value on demand.

a statement of the relevant financial obligations in relation to the Bank notified in that financial year under subsection 3A(5); and

a statement describing the nature and extent of Australia’s participation as a member of each of the following during that year:

the Bank;

(ii) the International Development Association (referred to in the International Development Association Act 1960);

(iii) the International Finance Corporation (referred to in the International Finance Corporation Act 1955); and

an assessment of the managerial efficiency, and financial and economic effectiveness, of the Bank in carrying out its purposes as provided for in the Bank Agreement; and

(d) an assessment of the managerial efficiency, and financial and economic effectiveness, of the International Development Association (referred to in the International Development Association Act 1960) in carrying out its purposes as provided for in the Agreement (as defined in that Act); and

(e) an assessment of the managerial efficiency, and financial and economic effectiveness, of the International Finance Corporation (referred to in the International Finance Corporation Act 1955) in carrying out its purpose as provided for in the Agreement (as defined in that Act).

section 5A (transfers to and from the Reserve Bank of special drawing rights);

subsection 7(1A) (issuing securities to the Bank or another body).

on the Agency’s website (https://www.miga.org); or

in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).

the obligation requires (or could require) Australia to make one or more payments;

the obligation is undertaken or imposed under:

the Convention; or

(ii) an agreement or arrangement between Australia and the Agency (other than an agreement mentioned in International Monetary Agreements Act 1947); orsection 8CA of the

a resolution adopted by the Council of Governors of the Agency;

for an obligation undertaken or imposed under an agreement, arrangement or resolution mentioned in subparagraph (b)(ii) or (iii)—the agreement, arrangement or resolution relates to Australia:

purchasing or subscribing to shares of the capital stock of the Agency; or

purchasing a bond, debenture, convertible note or similar financial instrument issued by the Agency; or

granting a guarantee in support of the objective and purposes of the Agency; or

providing any other form of financial accommodation in support of the objective and purposes of the Agency;

the obligation is not excluded by a determination under subsection (4).

(a) an obligation that is undertaken or imposed after the commencement of this section is a relevant financial obligation only if notice of the obligation has been given under subsection (5); and

an increase in an amount of a relevant financial obligation because of the variation of, or making of a new, agreement, arrangement or resolution after the commencement of this section is to be taken into account only if notice of the increase has been given under subsection (5).

the undertaking or imposition of an obligation for the purposes of paragraph (2)(a); or

an increase in an amount for the purposes of paragraph (2)(b).

(a) the earliest day or time applicable under subsection 12(1) of the Legislation Act 2003;

(b) the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislation Act 2003 disallowing the instrument could be passed.

making any payments necessary to meet relevant financial obligations; and

making any payments necessary to redeem securities issued under section 5.

non-negotiable; and

non-interest bearing; and

payable to the Agency or other body.

the Secretary of the Department; or

an SES employee, or an acting SES employee, in the Department.

(a) subsection 6(1) of the Asian Development Bank (Additional Subscription) Act 1972;

(b) subsection 6(1) of the Asian Development Bank (Additional Subscription) Act 1977;

(c) subsection 5(1) of the Asian Development Bank (Additional Subscription) Act 1983;

(d) subsection 5(1) of the Asian Development Bank (Additional Subscription) Act 1995;

(e) subsection 5(1) of the Asian Development Bank (Additional Subscription) Act 2009.

(a) a security issued for the purposes of International Bank for Reconstruction and Development (General Capital Increase) Act 1989;section 5 of the

(b) a security issued for the purposes of International Financial Institutions (Share Increase) Act 1982;section 7 of the

(c) a security issued for the purposes of International Financial Institutions (Share Increase) Act 1986;section 7 of the

(d) a security issued to the International Bank for Reconstruction and Development (referred to in the International Monetary Agreements Act 1960) for the purposes of section 5 of that Act;

(e) a promissory note issued under subsection 5(1) of the International Monetary Agreements Act 1974.