National Consumer Credit Protection Act. Australia

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      7 Meaning of credit service

      A person provides acredit service if the person:

      (a) provides credit assistance to a consumer; or

      (b) acts as an intermediary.

      8 Meaning of credit assistance

      A person providescredit assistance to a consumer if, by dealing directly with the consumer or the consumer’s agent in the course of, as part of, or incidentally to, a business carried on in this jurisdiction by the person or another person, the person:

      (a) suggests that the consumer apply for a particular credit contract with a particular credit provider; or

      (b) suggests that the consumer apply for an increase to the credit limit of a particular credit contract with a particular credit provider; or

      (c) suggests that the consumer remain in a particular credit contract with a particular credit provider; or

      (d) assists the consumer to apply for a particular credit contract with a particular credit provider; or

      (e) assists the consumer to apply for an increase to the credit limit of a particular credit contract with a particular credit provider; or

      (f) suggests that the consumer apply for a particular consumer lease with a particular lessor; or

      (g) suggests that the consumer remain in a particular consumer lease with a particular lessor; or

      (h) assists the consumer to apply for a particular consumer lease with a particular lessor.

      It does not matter whether the person does so on the person’s own behalf or on behalf of another person.

      9 Meaning of acts as an intermediary

      A person acts as an intermediary if, in the course of, as part of, or incidentally to, a business carried on in this jurisdiction by the person or another person, the person:

      (a) acts as an intermediary (whether directly or indirectly) between a credit provider and a consumer wholly or partly for the purposes of securing a provision of credit for the consumer undera credit contract for the consumer with the credit provider; or

      (b) acts as an intermediary (whether directly or indirectly) between a lessor and a consumer wholly or partly for the purposes of securing a consumer lease for the consumer with the lessor.

      It does not matter whether the person does so on the person’s own behalf or on behalf of another person.

      10 Assignees of credit providers, lessors, mortgagees and beneficiaries of a guarantee

      (1) For the purposes of this Act (other than the National Credit Code), a person is a credit provider, lessor, mortgagee or beneficiary of a guarantee whether the person is:

      (a) the original credit provider, lessor, mortgagee or beneficiary of a guarantee under a credit contract, consumer lease, mortgage or guarantee; or

      (b) a person to whom the rights of a credit provider, lessor, mortgagee or beneficiary of a guarantee under a credit contract, consumer lease, mortgage or guarantee have been assigned or passed by law.

      Note: For example, a person who is assigned the rights of a credit provider under a credit contract would engage in a credit activity within the meaning of paragraph (a) of item 1 of the table in subsection 6(1).

      (2) For the purposes of paragraph (1)(b), it does not matter whether an assignment or passing by law of rights is the first or a subsequent assignment or passing by law of those rights.

      Division 4—Other definitions

      11 Meaning of approved external dispute resolution scheme

      (1) A person is a member of an approved external dispute resolution scheme if the person is a member of one or more external dispute resolution schemes that:

      (a) is, or are, approved by ASIC in accordance with the regulations; and

      (b) covers, or together cover, disputes in relation to the credit activities engaged in by the person or its representatives.

      (2) Regulations made for the purpose of paragraph (1)(a) may also deal with the variation or revocation of approvals given by ASIC.

      12 When a business is carried on in this jurisdiction

      (1) Division 3 of Part 1.2 of the Corporations Act 2001 applies for the purposes of working out whether a business is carried on in this jurisdiction.

      (2) Without limiting subsection (1), a business is taken to be carried on in this jurisdiction by a person if, in the course of carrying on the business, the person engages in conduct that is:

      (a) intended to induce people in this jurisdiction to use the goods or services the person provides; or

      (b) is likely to have that effect;

      whether or not the conduct is intended, or likely, to have that effect in other places as well.

      13 Meaning of misleading

      (1) A representation made by a person is misleading if:

      (a) the representation relates to a future matter (including the doing of, or refusing to do, any act); and

      (b) the person does not have reasonable grounds for making the representation.

      (2) Subsection (1) does not limit the circumstances in which a representation may be misleading.

      14 Meaning of person — generally includes a partnership

      (1) This Act (other than the National Credit Code) applies to a partnership as if the partnership were a person, but it applies with the following changes:

      (a) obligations that would be imposed on the partnership are imposed instead on each partner, but may be discharged by any of the partners;

      (b) any contravention of this Act (other than the National Credit Code) that would otherwise be a contravention by the partnership is taken (whether for the purposes of criminal or civil liability) to have been a contravention by each partner who:

      (i) aided, abetted, counselled or procured the relevant act or omission; or(ii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).

      Note: For the purposes of paragraph (b), to determine whether the partnership has contravened this Act, see section 325.

      (2) For the purposes of this Act (other than the National Credit Code), a change in the composition of a partnership does not affect the continuity of the partnership.

      (3) Subsections (1) and (2) have effect subject to:

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