NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 240 Obstructing or hindering ASIC etc.

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 240

  (1)   A person must not engage in conduct that results in the obstruction or hindering of ASIC, or any other person, in the performance of a function or the exercise of a power under this Act.

Civil penalty:   5,000 penalty units.

  (2)   A person commits an offence if:

  (a)   the person engages in conduct; and

  (b)   the conduct results in the obstruction or hindering of ASIC, or any other person, in the performance of a function or the exercise of a power under this Act.

Criminal penalty:   2 years imprisonment.

  (3)   For the purposes of subsections   (1) and (2), it is a defence if the person has a reasonable excuse.

Note:   For the purposes of subsection   (2), a defendant bears an evidential burden in relation to the matter in subsection   (3) (see subsection   13.3(3) of the Criminal Code ).