Victorian Consolidated Legislation

Consumer Credit (Victoria) Act 1995 - SECT 37G

Permission from the Authority

37G. Permission from the Authority



(1) The Authority may give its permission if it is satisfied that-

   (a)  it is not contrary to the public interest for it to do so; and

   (b)  in a case where the person became a disqualified person by reason of a
        suspension, cancellation or disqualification referred to in section
        37E(2), the relevant occupation, profession or business was not that
        of finance broker; and

   (c)  in a case where the person became a disqualified person by reason of a
        finding of guilt of an offence referred to in section 37E(1)(a)(i),
        the offence was not related to conduct carried out by the person-

   (i)  while engaging in finance broking; or

   (ii) as a director of a corporation that engages in finance broking; or

   (iii) as a person who is managing or effectively controlling a corporation
        that engages in finance broking; and

   (d)  in any case, special circumstances led to the offence, refusal,
        suspension, cancellation or disqualification by reason of which the
        person became a disqualified person.

(2) In determining whether to give its permission, the Authority-

   (a)  is not required to conduct a hearing;

   (b)  may require the applicant to provide such further information as it
        considers necessary;

   (c)  may seek and use information and advice from any person or body or
        other source as it thinks fit.

(3) Without limiting its discretion to do so, the Authority may refuse to give
its permission if-

   (a)  the applicant refuses or fails to provide any information requested by
        the Authority under subsection (2)(b); or

   (b)  the applicant unreasonably delays the consideration of the
        application.