National Consumer Credit Protection Act. Australia

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СКАЧАТЬ of a person includes:

      (a) the knowledge, intention, opinion, belief or purpose of the person; and

      (b) the person’s reasons for the intention, opinion, belief or purpose.

      State or Territory credit licence means a licence or registration that:

      (a) is granted under a law of a State or Territory; and

      (b) authorises the licensee or registered person to engage in a credit activity.

      strata corporation has the same meaning as in section 204 of the National Credit Code.

      superior court means any of the following courts:

      (a) the Federal Court;

      (b) the Supreme Court of a State or Territory.

      Territory means:

      (a) the Australian Capital Territory; or

      (b) the Northern Territory; or

      (c) the Jervis Bay Territory;

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

      this Act includes instruments made under this Act.

      this jurisdiction: see subsections 21(2) and (3).

      transfer matter: see section 191.

      transferring court: see section 191.

      Transitional Act means the National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009, and includes instruments made under that Act.

      tribunal means:

      (a) a tribunal in Australia; or

      (b) any other body, authority or person in Australia having power, by law or by consent of parties, to hear, receive or examine evidence.

      value of a credit contract, mortgage, guarantee or consumer lease: see section 199.

      within the authority: a representative’s conduct is within the authority of a person if:

      (a) for a representative who is an employee of the person or of a related body corporate of the person — the conduct is within the scope of the employee’s employment; or

      (b) for a representative who is a director of the person or of a related body corporate of the person — the conduct is within the scope of the director’s duties as director; or

      (c) for a representative who is a credit representative of the person — the conduct is within the scope of the authorisation of the credit representative under subsection 64(1) or 65(1); or

      (d) otherwise — the conduct is within the scope of the authority given by the person.

      witness, in relation to a hearing before ASIC, means a person appearing at the hearing to give evidence.

      written record, when used in Chapter 6 (which deals with compliance and enforcement) in relation to an examination, means:

      (a) a record of the examination:

      (i) that is made in writing; or(ii) as reduced to writing; or

      (b) a part of such a record.

      (2) In this Act (other than the National Credit Code), a reference to a provision is a reference to a provision of this Act, unless the contrary intention appears.

      Division 3—Definitions relating to the meaning of credit activity

      6 Meaning of credit activity

      (1) The following table sets out when a person engages in a credit activity.

      Meaning of credit activity

      Item

      Topic

      A person engages in a credit activity if:

      1

      credit contracts

      (a) the person is a credit provider under a credit contract; or

      (b) the person carries on a business of providing credit, being credit the provision of which the National Credit Code applies to; or

      (c) the person performs the obligations, or exercises the rights, of a credit provider in relation to a credit contract or proposed credit contract (whether the person does so as the credit provider or on behalf of the credit provider); or

      2

      credit service the person provides a credit service; or

      3

      consumer leases

      (a) the person is a lessor under a consumer lease; or

      (b) the person carries on a business of providing consumer leases; or

      (c) the person performs the obligations, or exercises the rights, of a lessor in relation to a consumer lease or proposed consumer lease (whether the person does so as the lessor or on behalf of the lessor); or

      4

      mortgages

      (a) the person is a mortgagee under a mortgage; or

      (b) the person performs the obligations, or exercises the rights, of a mortgagee in relation to a mortgage or proposed mortgage (whether the person does so as the mortgagee or on behalf of the mortgagee); or

      5

      guarantees

      (a) the person is the beneficiary of a guarantee; or

      (b) the person performs the obligations, or exercises the rights, of another person who is a beneficiary of a guarantee or proposed guarantee, in relation to the guarantee or proposed guarantee (whether the person does so on the person’s own behalf or on behalf of the other person); or

      6

      prescribed activities the person engages in an activity prescribed by the regulations in relation to credit, being credit the provision of which the National Credit Code applies to, or would apply to if the credit were provided.

      (2) A subclass of any of the conduct referred to in the table in subsection (1) is also a credit activity.

      Note: For example, ASIC could impose a condition on a licence under subsection 45(6) that provides that a person is authorised to be a credit provider only under particular types of credit contracts (such as credit contracts for СКАЧАТЬ