National Consumer Credit Protection Act. Australia

Чтение книги онлайн.

СКАЧАТЬ the person is:

      (i) an employee or director of the principal or of a related body corporate of the principal; or(ii) a credit representative of the principal; and

      (c) the person’s conduct in engaging in the credit activity is within the authority of the principal; and

      (d) the principal holds a licence authorising the principal to engage in the credit activity.

      Note: For the purposes of subsection (2), a defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

      (4) For the purposes of subsections (1) and (2), it is a defence if:

      (a) the person engages in the credit activity on behalf of another person (the principal); and

      (b) the person is a representative of the principal; and

      (c) the person’s conduct in engaging in the credit activity is within the authority of the principal; and

      (d) the principal is exempted from subsections (1) and (2) under paragraph 109(1)(a), 109(3)(a) or 110(a).

      Note: For the purposes of subsection (2), a defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

      Division 3—Other prohibitions relating to the requirement to be licensed and to credit activities

      30 Prohibitions on holding out and advertising etc.

      Prohibitions on holding out and advertising etc.

      (1) A person must not hold out:

      (a) that the person holds a licence; or

      (b) that the person holds a licence authorising the person to engage in a particular credit activity; or

      (c) that a credit activity engaged in by the person or by someone else is exempt from a requirement to hold a licence; or

      (d) that, in engaging in a credit activity, the person acts on behalf of another person; or

      (e) that conduct, or proposed conduct, of the person is within the authority of a licensee;

      if that is not the case.

      Civil penalty: 2,000 penalty units.

      (2) A person must not hold out or advertise that the person engages or is able to engage in a credit activity if the person would, if the person engaged in the credit activity, contravene section 29 (which deals with the requirement to be licensed).

      Civil penalty: 2,000 penalty units.

      Offence

      (3) A person commits an offence if:

      (a) the person is subject to a requirement under subsection (1) or (2); and

      (b) the person engages in conduct; and

      (c) the conduct contravenes the requirement.

      Criminal penalty: 50 penalty units, or 1 year imprisonment, or both.

      31 Prohibition on conducting business with unlicensed persons

      Prohibition on conducting business with unlicensed persons

      (1) A licensee must not:

      (a) engage in a credit activity; and

      (b) in the course of engaging in that credit activity, conduct business with another person who is engaging in a credit activity;

      if, by engaging in the credit activity, the other person contravenes section 29 (which deals with the requirement to be licensed).

      Civil penalty: 2,000 penalty units.

      Offence

      (2) A person commits an offence if:

      (a) the person is subject to a requirement under subsection (1); and

      (b) the person engages in conduct; and

      (c) the conduct contravenes the requirement.

      Criminal penalty: 200 penalty units, or 2 years imprisonment, or both.

      32 Prohibition on charging a fee etc.

      Prohibition on charging a fee etc.

      (1) A person must not demand, receive or accept any fee, charge or other amount from a consumer for engaging in a credit activity if, by engaging in that credit activity, the person contravenes, or would contravene, section 29 (which deals with the requirement to be licensed).

      Civil penalty: 2,000 penalty units.

      Offence

      (2) A person commits an offence if:

      (a) the person is subject to a requirement under subsection (1); and

      (b) the person engages in conduct; and

      (c) the conduct contravenes the requirement.

      Criminal penalty: 50 penalty units, or 1 year imprisonment, or both.

      33 Prohibition on giving misleading information etc.

      Prohibition on giving misleading information etc.

      (1) A person (the giver) must not, in the course of engaging in a credit activity, give information or a document to another person if the giver knows, or is reckless as to whether, the information or document is false in a material particular or materially misleading.

      Civil penalty: 2,000 penalty units.

      Offence

      (2) A person commits an offence if:

      (a) the person gives information or a document to another person; and

      (b) the person does so in the course of engaging in a credit activity; and

      (c) the information or document is false in a material particular or materially misleading.

      Criminal penalty: 100 penalty units, or 2 years imprisonment, or both.

      Part 2–2—Australian credit licences

      Division 1—Introduction

      34 Guide to this Part

      This Part is about Australian credit licences.

      Division 2 explains what an Australian credit licence is and the credit activities that are authorised by it.

      Division 3 is about how СКАЧАТЬ