National Consumer Credit Protection Act. Australia

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СКАЧАТЬ information other than as permitted by subsection (2).

      Civil penalty: 2,000 penalty units.

      4) A person to whom information has been given for a purpose or purposes under subsection (2) or this subsection may make use of, make a record of, or give to another person, that information for that purpose or any of those purposes.

      5) A person to whom information has been given for a purpose or purposes under subsection (2) or (4) must not make use of, make a record of, or give to another person, the information other than as permitted by subsection (4).

      Civil penalty: 2,000 penalty units.

      Offence

      6) A person commits an offence if:

      a) the person is subject to a requirement under subsection (3) or (5); 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.

      Qualified privilege

      7) A person has qualified privilege in relation to an act done by the person under subsection (2) or (4).

      Use of information obtained under this section in court

      8) A person to whom information is given in accordance with this section must not give any of the information to a court, or produce in a court a document that sets out some or all of the information, except:

      a) for a purpose connected with:

      i) a licensee making a decision about what action (if any) to take in relation to the representative, as a consequence of receiving some or all of the information; or

      (ii) a licensee taking action pursuant to that decision; or (iii) proving in proceedings in that court that particular action taken by a licensee in relation to the representative was taken pursuant to that decision; or

      b) in proceedings in that court, in so far as the proceedings relate to an alleged contravention of this section; or

      c) in proceedings about giving to a court false information some, at least, of which was the information given under this section.

      9) For the purposes of subsection (8), a licensee takes action in relation to a representative if the licensee:

      a) takes action by way of making, terminating or varying the terms and conditions of an agreement; or

      b) otherwise takes action in relation to an agreement;

      to the extent that the agreement relates to the representative acting on behalf of the licensee.

      10) Subsection (8) also has the effect it would have if:

      a) a reference in it to a court were a reference to a court of an external Territory or of a country outside Australia and the external Territories; and

      b) paragraph (8)(b) were omitted.

      Division 4—Liability of licensees for representatives

      74 Application of this Division

      This Division applies to any conduct of a representative of a licensee:

      a) that relates to a credit activity; and

      b) on which a third person (the client) could reasonably be expected to rely; and

      c) on which the client in fact relied in good faith.

      75 Responsibility if representative of only one licensee

      If the representative is the representative of only one licensee, the licensee is responsible, as between the licensee and the client, for the conduct of the representative, whether or not the representative’s conduct is within the authority of the licensee.

      76 Representatives of multiple licensees

      When this section applies

      1) This section applies if the representative is the representative of more than one licensee.

      Conduct covered by only one authority

      2) If:

      a) the representative is the representative of one of the licensees only in relation to a particular class of credit activity; and

      b) the conduct relates to that class of credit activity;

      that licensee is responsible for the conduct, as between that licensee and the client, whether or not the conduct is within the authority of the licensee.

      Conduct covered by multiple authorities

      3) If:

      a) the representative is the representative of more than one of the licensees in relation to a particular class of credit activity; and

      b) the conduct relates to that class of credit activity; and

      c) the conduct is within the authority of:

      i) only one of those licensees (the authorising licensee); or

      (ii) 2 or more of those licensees (the authorising licensees);

      then:

      d) if subparagraph (c)(i) applies — the authorising licensee is responsible for the conduct, as between that licensee and the client; or

      e) if subparagraph (c)(ii) applies — the authorising licensees are jointly and severally responsible for the conduct, as between themselves and the client.

      All other cases

      4) In any other case, all of the licensees are jointly and severally responsible for the conduct, as between themselves and the client, whether or not the representative’s conduct is within the authority of any of them.

      77 Responsibility extends to loss or damage suffered by client

      The responsibility of a licensee under this Division extends so as to make the licensee liable to the client in relation to any loss or damage suffered by the client as a result of the representative’s conduct.

      78 Effect of this Division

      1) If a licensee is responsible for the conduct of its representative under this Division, the client has the same remedies against the licensee that the client has against the representative.

      2) The licensee and the representative (along with any other licensees that are also responsible) are all jointly and severally liable to the client in relation to those remedies.

      3) However, nothing in this СКАЧАТЬ