Insurance Act 1973

If APRA assumes control of a body corporate’s business or appoints an administrator of a body corporate’s business, APRA must ensure that either it or an administrator of the body corporate’s business has control of the body corporate’s business until:

APRA considers that it is no longer necessary for it or an administrator to remain in control of the body corporate’s business; or

APRA has applied for the body corporate to be wound up.

This provision does not prevent a change, or changes, between control of a body corporate’s business by APRA and an administrator or between administrators.

Before making an ultimate termination of control by an Insurance Act statutory manager of a body corporate’s business, APRA must:

do both of the following:

ensure that directors of the body corporate have been appointed or elected under the body corporate’s constitution at a meeting called by the statutory manager in accordance with the body corporate’s constitution;

if the body corporate is a foreign general insurer—appoint an agent in Australia for the purpose of section 118 by instrument in writing; or

do both of the following:

appoint directors of the body corporate by instrument in writing;

if the body corporate is a foreign general insurer—appoint an agent in Australia for the purpose of section 118 by instrument in writing; or

ensure that a liquidator has been appointed:

unless subparagraph (ii) applies—for the body corporate; or

if the body corporate is a foreign general insurer—for the body corporate in relation to its Australian business assets and liabilities.

If the requirements in subsections (1) and (2) are satisfied, APRA may by instrument in writing make an ultimate termination of control of a body corporate’s business by an Insurance Act statutory manager.

If the Insurance Act statutory manager at the time of the termination is an administrator, the instrument of termination also operates as a termination of the appointment of the administrator. A copy of the instrument must be given to the administrator. However, mere failure to give the copy to the administrator does not affect the termination of the appointment.

If a director is elected or appointed under subsection (2), the director takes office on the termination of the Insurance Act statutory manager’s control of the body corporate’s business. If the director was appointed by APRA, the director holds office until the body corporate’s next annual general meeting, subject to any terms and conditions imposed by APRA on the director’s appointment. If the director was appointed or elected under the body corporate’s constitution, the constitution governs the appointment.

For further information about what happens when an Insurance Act statutory manager is in control of a body corporate’s business, see Subdivision B.