National Consumer Credit Protection Act. Australia

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СКАЧАТЬ 104(1).

      Qualified privilege for subsequent publication

      (3) A person has qualified privilege in relation to the publishing of a document prepared by the auditor in the course of the auditor’s duties relating to the audit report.

      (4) A person has qualified privilege in relation to the publishing of a statement:

      (a) made by the auditor as referred to in subsection (1); or

      (b) made by a registered company auditor as referred to in subsection (2).

      106 Regulations in relation to audit reports etc.

      The regulations may make provision in relation to:

      (a) the audit reports referred to in subsection 102(1); and

      (b) audit reports that persons who have applied for a licence may be requested to lodge under subsection 37(4); and

      (c) the auditors that prepare those reports; and

      (d) auditing standards that must be complied with in relation to those reports.

      Part 2–6—Exemptions and modifications relating to this Chapter

      Division 1—Introduction

      107 Guide to this Part

      This Part is about exemptions from, and modifications of, the provisions of this Chapter.

      Division 2 deals with how exemptions and modifications may be made by ASIC or by the regulations.

      Division 2—Exemptions and modifications relating to this Chapter

      108 Provisions to which this Part applies

      The provisions to which this Part applies are:

      (a) this Chapter; and

      (b) definitions in this Act, as they apply to references in this Chapter; and

      (c) instruments made for the purposes of this Chapter.

      109 Exemptions and modifications by ASIC

      Exemptions and modifications

      1) ASIC may:

      a) exempt:

      i) a person; or

      (ii) a person and all of the person’s credit representatives;

      from all or specified provisions to which this Part applies; or

      b) exempt a credit activity that is engaged in in relation to a specified credit contract, mortgage, guarantee or consumer lease from all or specified provisions to which this Part applies; or

      c) declare that provisions to which this Part applies apply in relation to a person, or a credit activity referred to in paragraph (1)(b), as if specified provisions were omitted, modified or varied as specified in the declaration.

      2) An exemption or declaration under subsection (1) is not a legislative instrument.

      3) ASIC may, by legislative instrument:

      a) exempt a class of persons from all or specified provisions to which this Part applies; or

      b) exempt a credit activity (other than a credit activity referred to in paragraph (1)(b)) from all or specified provisions to which this Part applies; or

      c) exempt a class of credit activities from all or specified provisions to which this Part applies; or

      d) declare that provisions to which this Part applies apply in relation to a credit activity (other than a credit activity referred to in paragraph (1)(b)), or a class of persons or credit activities, as if specified provisions were omitted, modified or varied as specified in the declaration.

      Conditions on exemptions

      4) An exemption may apply unconditionally or subject to specified conditions. A person to whom a condition specified in an exemption applies must comply with the condition. The court may order the person to comply with the condition in a specified way. Only ASIC may apply to the court for the order.

      Publication of exemptions and declarations

      5) An exemption or declaration under subsection (1) must be in writing and ASIC must publish notice of it on its website.

      Special rules in relation to offences

      6) If conduct (including an omission) of a person would not have constituted an offence if a particular declaration under paragraph (1)(c) or (3)(d) had not been made, that conduct does not constitute an offence unless, before the conduct occurred:

      a) the text of the declaration was published by ASIC on its website; or

      b) ASIC gave written notice setting out the text of the declaration to the person;

      in addition to complying with the requirements of the Legislative Instruments Act 2003if the declaration is made under subsection (3)).

      (7) In a prosecution for an offence to which subsection (6) applies, the prosecution must prove that paragraph (6)(a) or (b) was complied with before the conduct occurred.

      110 Exemptions and modifications by the regulations

      The regulations may:

      (a) exempt a person or class of persons from all or specified provisions to which this Part applies; or

      (b) exempt a credit activity or a class of credit activities from all or specified provisions to which this Part applies; or

      (c) provide that the provisions to which this Part applies apply as if specified provisions were omitted, modified or varied as specified in the regulations.

      Chapter 3—Responsible lending conduct

      Part 3–1—Licensees that provide credit assistance in relation to credit contracts

      Division 1—Introduction

      111 Guide to this Part

      This Part has rules that apply to licensees that provide credit assistance in relation to credit contracts. These rules are aimed at better informing consumers and preventing them from being in unsuitable credit contracts. However, these rules do not apply to a licensee that will be the credit provider under the credit contract.

      Division 2 requires a licensee to give its credit guide to a consumer. The credit guide has information about the licensee and some of the licensee’s obligations under this Act.

      Division 3 requires a licensee to give a quote before providing credit assistance to a consumer. The quote must set out the maximum amount the consumer СКАЧАТЬ