FINANCE BROKERS CONTROL ACT 1975
Table of Provisions
PART I -- Preliminary
- 1 Short title
- 2 Commencement
- 4 Terms used
- 5 Exceptions to finance broker
PART II -- The Commissioner
Division 1 -- General
- 6 Commissioner
- 7 General functions of Commissioner
- 8 Commissioner may delegate
- 9A Arrangements with ASIC
- 9B Information
- 9 Judicial notice
Division 2 -- Powers of investigation and inquiry
- 13 Investigation and inquiry by Commissioner
- 14 Police investigations
- 15 Investigators
- 16 Additional investigative powers
- 17 Compliance checks at licensee’s business premises
Division 2A -- Specific investigatory powers
- 18 Powers
- 18A Warrant to enter premises
- 18B Issue of warrant
- 18C Execution of warrant
- 18D Seizure
- 18E Incriminating information, questions, or documents
- 18F Failure to comply with investigation
- 18G Obstruction of investigator
- 18H Information
Division 3 -- Review of decisions of the Commissioner
- 23 Application for review
PART III -- Licensing
- 24 Application
- 25 Objections
- 26 Finance brokers to be licensed
- 27A No further grants of licences
- 27 Grant of licence to natural person
- 28 Grant of licence to firm
- 29 Grant of licence to body corporate
- 30 Effect of licence
- 31 Duration of licence
- 32 Applications for renewals
- 33 Refusal to renew
- 34 Conditions on licences
- 34B Suspension of licence by State Administrative Tribunal
- 35 Bond or guarantee in respect of licence
- 35A Prescribed person exempt from bond requirements
- 40 Licence not transferable
- 40A Prohibition against doing business with unlicensed finance brokers
- 41 Use of business name
- 42 Notice to be exhibited
PART IV -- Controls
Division 1 -- General
- 43 Disability of unlicensed person
- 44 Remuneration of finance brokers
- 45 Advertisements by licensees
- 46 Copy of loan documents
Division 2 -- Trust accounts
- 47 Terms used
- 48 Trust accounts
- 49 Receipts and accounting to principal
- 50 Duty of finance broker to have trust accounts audited
- 51 Variation of date of audit
- 52 Qualification and approval of auditors
- 53 Appointment of auditor
- 54 Power to give directions for audit of business carried on at more than one place
- 55 Alteration of rights under this Division
- 57 Duties of finance brokers with respect to audit
- 58 Duty of banker with respect to audit
- 59 Contents of auditor’s report
- 60 Statement of moneys etc. held by finance broker for or on behalf of other persons
- 61 Auditor’s report where finance broker has not complied with Act etc.
- 62 Non-disclosure by auditors
- 63 Right of persons beneficially interested to obtain information
- 64 Penalty for breach
- 65 Remuneration of auditor
- 66 Finance brokers having no accounts to audit
- 67 Accounts of firm or body corporate or finance broker with branch office
- 68 Power of Commissioner to order audit of trust account
- 69 Finance broker to produce books etc. to auditor
- 70 Cost of audit
- 71 Application of s.
- 72 Power of restraining dealing with trust accounts or other accounts
Division 3 -- Discipline
- 81 Code of conduct for finance brokers
- 82 Disciplinary proceedings against finance brokers
- 83 Powers on inquiry
PART V -- Miscellaneous
- 85 Certificates
- 87 Immunity of officers
- 88 Secrecy
- 89 Liability of directors of body corporate
- 90 Other rights or remedies
- 91 No waiver of rights
- 92 General penalty
- 92A Infringement notices
- 93 Proceedings
- 94 Forms
- 95 Regulations