12G  Meaning of critical banking asset
  • (1)

    An asset is a critical banking asset if it is any of the following assets:

    • (a)

      an asset where the following conditions are satisfied:

      • (i)

        the asset is owned or operated by an authorised deposit‑taking institution;

      • (ii)

        the authorised deposit‑taking institution is an authorised deposit‑taking institution that, in accordance with subsection (2), is critical to the security and reliability of the financial services and markets sector;

      • (iii)

        the asset is used in connection with the carrying on of banking business;

    • (b)

      an asset where the following conditions are satisfied:

      • (i)

        the asset is owned or operated by a body corporate that is a related body corporate of an authorised deposit‑taking institution;

      • (ii)

        the body corporate is a body corporate that, in accordance with subsection (3), is critical to the security and reliability of the financial services and markets sector;

      • (iii)

        the asset is used in connection with the carrying on of banking business.

    Note: The rules may prescribe that a specified critical banking asset is not a critical infrastructure asset (see section 9).

  • (2)

    For the purposes of subparagraph (1)(a)(ii), the rules may prescribe:

    • (a)

      specified authorised deposit‑taking institutions that are critical to the security and reliability of the financial services and markets sector; or

    • (b)

      requirements for an authorised deposit‑taking institution to be critical to the security and reliability of the financial services and markets sector.

  • (3)

    For the purposes of subparagraph (1)(b)(ii), the rules may prescribe:

    • (a)

      specified bodies corporate that are critical to the security and reliability of the financial services and markets sector; or

    • (b)

      requirements for a body corporate to be critical to the security and reliability of the financial services and markets sector.