Queensland Consolidated Acts

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CONSUMER CREDIT (QUEENSLAND) ACT 1994 - SECT 23

23 Court may make prohibition order

(1) On application by the chief executive, the court may make an order--

(a) prohibiting a person from providing consumer credit; or
(b) restricting the way a person may provide consumer credit.

(2) The order--

(a) may be made on terms the court considers appropriate; and
(b) may be for a stated time or without any time limit.

(3) Subsection (1) applies if the court considers the person is not an appropriate person to provide consumer credit, or to provide consumer credit other than under a restriction stated in the order, having regard to whether the person--

(a) has been convicted of an offence against a consumer credit law or the Credit (Rural Finance) Act 1996; or
(b) has been convicted of an offence involving dishonesty; or
(c) has carried on a business dishonestly or unfairly; or
(d) is or has been a credit provider under a credit contract--
(i) the transaction giving rise to which has been reopened under the Consumer Credit (Queensland) Code, section 70 or the Credit Act 1987, part 9, division 3; or
(ii) in relation to which a court has found, under the Consumer Credit (Queensland) Code, section 72, that a fee, charge or change in a rate was unconscionable; or
(e) has repeatedly engaged in unjust conduct in the course of a credit business; or
(f) has contravened a conduct deed the person has executed; or
(g) was involved, as an executive officer of a corporation, in a matter mentioned in paragraphs (a) to (f) that applies to the corporation.

(4) A person must comply with an order under this section.

Maximum penalty--200 penalty units or 6 months imprisonment.

(5) In this section--

providing consumer credit includes being involved in providing consumer credit.

Examples of being involved in providing consumer credit--
1 Taking part in the management or control of a corporation or business that provides consumer credit.
2 Taking part in the negotiation of credit contracts as an employee or agent of a credit provider.


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