Commonwealth Numbered Acts

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 (NO. 134, 2009) - SECT 30

Prohibitions on holding out and advertising etc.

             (1)  A person must not hold out:

                     (a)  that the person holds a licence; or

                     (b)  that the person holds a licence authorising the person to engage in a particular credit activity; or

                     (c)  that a credit activity engaged in by the person or by someone else is exempt from a requirement to hold a licence; or

                     (d)  that, in engaging in a credit activity, the person acts on behalf of another person; or

                     (e)  that conduct, or proposed conduct, of the person is within the authority of a licensee;

if that is not the case.

Civil penalty:            2,000 penalty units.

             (2)  A person must not hold out or advertise that the person engages or is able to engage in a credit activity if the person would, if the person engaged in the credit activity, contravene section 29 (which deals with the requirement to be licensed).

Civil penalty:            2,000 penalty units.

Offence

             (3)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subsection (1) or (2); and

                     (b)  the person engages in conduct; and

                     (c)  the conduct contravenes the requirement.

Criminal penalty:      50 penalty units, or 1 year imprisonment, or both.