National Consumer Credit Protection Act. Australia

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СКАЧАТЬ section applies to the authorisation to the extent that it purports to authorise:

      a) a person to engage in a credit activity that is not authorised by the licensee’s licence; or

      b) a person to engage in a credit activity, and a banning order or disqualification order under Part 2–4 is in force against the person in relation to the credit activity; or

      c) a person who is not a member of an approved external dispute resolution scheme; or

      d) a person who is banned from engaging in a credit activity under a law of a State or Territory; or

      e) a natural person who has been convicted, within the last 10 years, of serious fraud; or

      f) a natural person against whom a prescribed State or Territory order is in force; or

      g) a person that is a body corporate, if a prescribed State or Territory order is in force against a director, secretary or senior manager of the body corporate who would perform duties in relation to the credit activities specified in the authorisation; or

      h) a person that is a partnership or the trustees of a trust, if a prescribed State or Territory order is in force against a partner or trustee who would perform duties in relation to the credit activities specified in the authorisation.

      65 Credit representative that is a body corporate may sub-authorise natural persons as credit representatives

      Authorisation of natural person as credit representative by credit representative that is a body corporate

      1) A body corporate that is a credit representative of a licensee may, in that capacity, give a natural person a written notice authorising that natural person to engage in specified credit activities on behalf of the licensee.

      2) A natural person who is authorised under subsection (1) is a credit representative of the relevant licensee.

      3) The credit activities specified may be some or all of the credit activities authorised by the licensee’s licence.

      Licensee must give consent to authorisation

      4) The authorisation can only be given if the licensee gives the body corporate its written consent to the authorisation. The licensee may give consent in relation to either a specified natural person or a specified class of natural persons (the membership of which might change from time to time).

      When authorisation is of no effect

      5) The authorisation:

      a) is of no effect if subsection (6) applies to it when it is given; and

      b) ceases to have effect if and when subsection (6) starts to apply to it after it is given;

      to the extent that subsection (6) applies.

      6) This subsection applies to the authorisation to the extent that it purports to authorise:

      a) a natural person to engage in a credit activity that is not authorised by the licensee’s licence; or

      b) a natural person to engage in a credit activity, and a banning order or disqualification order under Part 2–4 is in force against the natural person in relation to the credit activity; or

      c) a natural person who is not a member of an approved external dispute resolution scheme; or

      d) a natural person who is banned from engaging in a credit activity under a law of a State or Territory; or

      e) a natural person who has been convicted, within the last 10 years, of serious fraud; or

      f) a natural person against whom a prescribed State or Territory order is in force; or

      g) a natural person in relation to the authorisation of whom the licensee has not given its written consent in accordance with subsection (4).

      7) To avoid doubt, an authorisation under subsection (1) is taken, for the purposes of sections 66 to 72, to be given by the body corporate, not the licensee.

      66 Credit representative of 2 or more licensees

      1) One person can be the credit representative of 2 or more licensees, but only if:

      a) each of those licensees has consented to the person also being the credit representative of each of the other licensees; or

      b) each of the licensees is a related body corporate of each of the other licensees.

      2) An authorisation:

      a) is of no effect if it contravenes subsection (1) when it is given; and

      b) ceases to have effect if and when it starts to contravene subsection (1) after it is given.

      67 A person cannot be a credit representative in relation to credit activities authorised by a person’s licence

      1) A person must not authorise another person to engage in a credit activity as a credit representative under subsection 64(1) or 65(1) if the other person holds a licence authorising the person to engage in the credit activity.

      2) An authorisation:

      a) is of no effect if it contravenes subsection (1) when it is given; and

      b) ceases to have effect if and when it starts to contravene subsection (1) after it is given.

      68 Variation and revocation of authorisations and sub-authorisations

      Variation and revocation of authorisations

      1) An authorisation under subsection 64(1) may be varied or revoked at any time by the licensee giving written notice to the credit representative.

      Variation and revocation of sub-authorisations

      2) An authorisation under subsection 65(1) may be varied or revoked at any time by:

      a) the licensee in relation to whom the authorisation was given; or

      b) the body corporate that gave the authorisation;

      giving written notice to the credit representative.

      3) If a person varies or revokes an authorisation under subsection (2), that person must give the other person who could have varied or revoked the authorisation written notice of the variation or revocation.

      69 Obligation not to give authorisation that has no effect

      Requirement not to give authorisation

      1) A person must not purport to authorise a credit representative under subsection 64(1) or 65(1) if, at the time the person first purports to give the authorisation, it is of no effect, to any extent, under this Division.

      Civil penalty: 2,000 penalty units.

      Offence

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