National Consumer Credit Protection Act. Australia

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СКАЧАТЬ abetted, counselled or procured the contravention; or

      (b) has induced the contravention, whether by threats or promises or otherwise; or

      (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or

      (d) has conspired with others to effect the contravention.

      judgment means a judgment, decree or order, whether final or interlocutory.

      law of a referring State or a Territory means a law of, or in force in, a referring State or a Territory but does not include a law of the Commonwealth in force in the referring State or the Territory.

      law of a State or Territory means a law of, or in force in, a State or Territory but does not include a law of the Commonwealth in force in the State or Territory.

      lawyer means a person who is admitted to the legal profession by a federal court or a Supreme Court of a State or Territory.

      lessee means the lessee under a consumer lease.

      lessor means the lessor under a consumer lease, and includes a person who is a lessor because of section 10.

      licence means an Australian credit licence.

      licensee means a person who holds a licence.

      licensing anniversary: see subsection 53(7).

      lodge with ASIC: see section 216.

      lower court means:

      (a) the Federal Magistrates Court; or

      (b) a court of a State or Territory that is not a superior court.

      malice: see subsection 16(2).

      matter includes an act, an omission, a body, a person or a thing.

      misleading: see section 13.

      mortgage means a mortgage to which the National Credit Code applies.

      mortgagee means the mortgagee under a mortgage, and includes a person who is a mortgagee because of section 10.

      mortgagor means the mortgagor under a mortgage.

      National Credit Code means Schedule 1 to this Act, and includes:

      (a) regulations made under section 329 for the purposes of that Schedule; and

      (b) instruments made under that Schedule.

      officer of the Commonwealth has the same meaning as in paragraph 75(v) of the Constitution.

      penalty unit has the same meaning as in section 4AA of the Crimes Act 1914.

      person has a meaning affected by section 14 (which deals with partnerships) and section 15 (which deals with multiple trustees).

      power includes an authority.

      premises includes:

      (a) a structure, building, aircraft, vehicle or vessel; and

      (b) any land or place (whether enclosed or built in or not); and

      (c) a part of a structure, building, aircraft, vehicle, vessel or of such a place.

      prescribed State or Territory order means an order under a law of a State or Territory, being an order of a kind prescribed by the regulations.

      proceedings:

      (a) when used in Chapter 6 (which deals with compliance and enforcement) — has the same meaning as the definition of proceeding in subsection 5(1) of the ASIC Act; and

      (b) otherwise — means proceedings, whether criminal or civil, before a court.

      qualified privilege has a meaning affected by section 16.

      receiving court: see section 191.

      record, when used in Chapter 6 (which deals with compliance and enforcement) in relation to an examination, means the whole or part of a record made under section 258 of statements made at the examination.

      referred credit matter: see subsection 20(1).

      referring State: see section 19.

      registered company auditor has the same meaning as in section 9 of the Corporations Act 2001.

      related body corporate has the same meaning as in section 9 of the Corporations Act 2001.

      related criminal justice process decision: see section 188.

      relevant criminal law: see subsection 204(5).

      relevant superior court, in relation to a lower court, means:

      (a) if the lower court is the Federal Magistrates Court — the Federal Court; or

      (b) if the lower court is a court of a State or Territory — the Supreme Court of the State or Territory.

      representative of a person means:

      (a) if the person is a licensee:

      (i) an employee or director of the licensee; or(ii) an employee or director of a related body corporate of the licensee; or (iii) a credit representative of the licensee; or (iv) any other person acting on behalf of the licensee; or

      (b) otherwise:

      (i) an employee or director of the person; or(ii) an employee or director of a related body corporate of the person; or (iii) any other person acting on behalf of the person.

      senior manager has the same meaning as in section 9 of the Corporations Act 2001.

      serious fraud means an offence involving fraud or dishonesty, being an offence:

      (a) against a law of the Commonwealth, or of a State or Territory, or any other law; and

      (b) punishable by imprisonment for life or for a period, or maximum period, of at least 3 months.

      State, when used in a geographical sense, includes the coastal sea of the State.

      statement, when used in Chapter 6 (which deals with compliance and enforcement) in relation to an examination, includes a question asked, an answer given, and any other comment or remark made, at the examination.

      state of mind: the state СКАЧАТЬ