Terms used
42A Terms used
In this Part —
Bankwest business means the banking business carried on using the Bankwest name in accordance with section 42D(1);
Bankwest name means —
the name “Bankwest”; or
any other name used by Bank of Western Australia Ltd in the conduct of the BWA business before the transfer day; or
a name that is substantially similar to, or a derivative of, a name referred to in paragraph (a) or (b);
Bankwest owner means the person who, from time to time, owns the Bankwest business;
BWA business means the banking business conducted by Bank of Western Australia Ltd ACN 050 494 454;
CBA means Commonwealth Bank of Australia ACN 123 123 124;
head office, of the Bankwest business, means the place where day‑to‑day management of that business is carried out;
managing officer, of the Bankwest business, means the person responsible for the day‑to‑day management of that business;
point of presence means premises used principally for the conduct of the Bankwest business with members of the public, and includes premises described as a Bankwest branch, Bankwest store or Bankwest business centre, but does not include the following —
an automatic teller machine;
premises described as a neighbourhood bank;
premises at which that business is conducted pursuant to an agency agreement;
points of presence threshold means 88 points of presence;
relevant period means the period of 5 years after the transfer day;
transfer day means the day on which the certificate of transfer relating to the transfer of the BWA business to CBA comes into force under the Financial Sector (Business Transfer and Group Restructure) Act 1999 (Commonwealth) Part 3 Division 3.
[Section 42A inserted: No. 14 of 2012 s. 7.]
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