National Consumer Credit Protection Act. Australia

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СКАЧАТЬ a written notice directing the licensee to lodge with ASIC a written statement containing specified information about the credit activities engaged in by the licensee or its representatives.

      (2) Notices under subsection (1):

      (a) may be given at any time; and

      (b) may be given to one or more particular licensees, or to each licensee in one or more classes of licensee, or to all licensees; and

      (c) may require all the same information, or may contain differences as to the information they require; and

      (d) may require a statement containing information to be given on a periodic basis, or each time a particular event or circumstance occurs, without ASIC having to give a further written notice.

      Notice to licensee to obtain an audit report

      (3) ASIC may also give a licensee a written notice directing the licensee to obtain an audit report, prepared by a suitably qualified person specified in the notice, on a statement, or on each statement in a class of statements, under subsection (1) before the statement is given to ASIC.

      (4) A notice under subsection (3) is not a legislative instrument.

      Notice must specify day by which licensee must comply

      (5) A notice given under this section must specify the day by which the licensee must comply with the notice (which must be a reasonable period after the notice is given). ASIC may extend the day by giving a written notice to the licensee.

      Requirement to comply with notice

      (6) The licensee must comply with a notice given under this section within the time specified in the notice.

      Civil penalty: 2,000 penalty units.

      Offence

      (7) A person commits an offence if:

      (a) the person is subject to a requirement under subsection (6); and

      (b) the person engages in conduct; and

      (c) the conduct contravenes the requirement.

      Criminal penalty: 25 penalty units, or 6 months imprisonment, or both.

      Strict liability offence

      (8) A person commits an offence if:

      (a) the person is subject to a requirement under subsection (6); and

      (b) the person engages in conduct; and

      (c) the conduct contravenes the requirement.

      Criminal penalty: 10 penalty units.

      (9) Subsection (8) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

      50 Obligation to give ASIC information required by the regulations

      Regulations may require licensee to give information

      (1) The regulations may require a licensee, or each licensee in a class of licensees, to give ASIC specified information about the credit activities engaged in by the licensee or its representatives.

      Requirement to comply with regulations

      (2) If regulations under subsection (1) require a licensee to give ASIC information, the licensee must give ASIC that information.

      Civil penalty: 2,000 penalty units.

      Offence

      (3) A person commits an offence if:

      (a) the person is subject to a requirement to give ASIC information under subsection (2); and

      (b) the person engages in conduct; and

      (c) the conduct contravenes the requirement.

      Criminal penalty: 25 penalty units, or 6 months imprisonment, or both.

      Strict liability offence

      (4) A person commits an offence if:

      (a) the person is subject to a requirement to give ASIC information under subsection (2); and

      (b) the person engages in conduct; and

      (c) the conduct contravenes the requirement.

      Criminal penalty: 10 penalty units.

      (5) Subsection (4) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

      51 Obligation to provide ASIC with assistance if reasonably requested

      Requirement to provide assistance

      (1) If ASIC, or a person authorised by ASIC, reasonably requests assistance from a licensee in relation to whether the licensee and its representatives are complying with the credit legislation, the licensee must give ASIC or the authorised person the requested assistance.

      Civil penalty: 2,000 penalty units.

      (2) If the request is in writing, it is not a legislative instrument.

      Offence

      (3) A person commits an offence if:

      (a) the person is subject to a requirement to give ASIC or an authorised person assistance under subsection (1); and

      (b) the person engages in conduct; and

      (c) the conduct contravenes the requirement.

      Criminal penalty: 25 penalty units, or 6 months imprisonment, or both.

      Assistance may include showing ASIC credit books etc.

      (4) The assistance referred to in subsection (1) may include showing ASIC the person’s credit books or giving ASIC other information.

      52 Obligation to cite Australian credit licence number

      When this section applies

      (1) This section applies on or after the day that is 2 years after the day section 3 commences.

      Requirement to include licence number in documents

      (2) Whenever a licensee identifies itself in a document of a kind prescribed by the regulations, the licensee must:

      (a) include in the document the licensee’s Australian credit licence number; and

      (b) identify in the document that the number is the licensee’s Australian credit licence number.

      Civil penalty: 2,000 penalty units.

      Strict liability offence

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