NATIONAL CONSUMER CREDIT PROTECTION ACT 2009
Table of Provisions
CHAPTER 1--Introduction
PART 1-1--INTRODUCTION
- 1 Short title
- 2 Commencement
- 3 The National Credit Code
PART 1-2--DEFINITIONS
Division 1--Introduction
- 4 Guide to this Part
Division 2--The Dictionary
- 5 The Dictionary
Division 3--Definitions relating to the meaning of credit activity
- 6 Meaning of credit activity
- 7 Meaning of credit service
- 8 Meaning of credit assistance
- 9 Meaning of acts as an intermediary
- 10 Assignees of credit providers, lessors, mortgagees and beneficiaries of a guarantee
Division 4--Other definitions
- 12 When a business is carried on in this jurisdiction
- 13 Meaning of misleading
- 14 Meaning of person --generally includes a partnership
- 15 Meaning of person --generally includes multiple trustees
- 15A Meaning of associate
- 15B Meaning of mortgage broker
- 15C Meaning of mortgage intermediary
- 16 Qualified privilege
- 16A Meaning of control
- 16B Meaning of Registrar
PART 1-3--APPLICATION OF THIS ACT AND THE TRANSITIONAL ACT
Division 1--Introduction
- 17 Guide to this Part
Division 2--Constitutional basis and application of this Act and the Transitional Act
- 18 Constitutional basis for this Act and the Transitional Act
- 19 Meaning of referring State
- 20 Meaning of referred credit matter
- 21 General application of this Act and the Transitional Act
- 22 When Acts bind Crown
Division 3--Interaction between the Commonwealth credit legislation and State and Territory laws
- 23 Concurrent operation intended
- 24 When Commonwealth credit legislation does not apply
- 25 Avoiding direct inconsistency between Commonwealth and State and Territory laws
- 26 Regulations to deal with interaction between laws
CHAPTER 2--Licensing of persons who engage in credit activities
PART 2-1--REQUIREMENT TO BE LICENSED TO ENGAGE IN CREDIT ACTIVITIES
Division 1--Introduction
- 27 Guide to this Part
Division 2--Engaging in credit activities without a licence
Division 3--Other prohibitions relating to the requirement to be licensed
- 30 Prohibitions on holding out and advertising etc.
- 31 Prohibition on conducting business with unlicensed persons
- 32 Prohibition on charging a fee etc.
PART 2-2--AUSTRALIAN CREDIT LICENCES
Division 1--Introduction
- 34 Guide to this Part
Division 2--Australian credit licences
Division 3--How to get an Australian credit licence
- 36 Applying for a licence
- 37 When a licence may be granted--applicants other than ADIs
- 37A Fit and proper person test
- 37B Fit and proper person test--matters to which ASIC must have regard
- 38 When a licence may be granted--ADIs
- 39 Regulations may prescribe streamlined process for other applicants
- 40 Licences must not be granted to certain applicants
- 41 Applicant must be given hearing before refusal of licence
- 42 Notice of grant or refusal of licence and date of effect
- 43 Australian credit licence numbers
- 44 Basis on which licence is granted
Division 4--Conditions on an Australian credit licence
- 45 The conditions on the licence
- 46 Licence conditions--special procedures for APRA - regulated bodies
- 46A ASIC may request information etc. in relation to an application for conditions to be varied
Division 5--Obligations of licensees
Subdivision A--General obligations- 47 General conduct obligations of licensees
- 48 Requirements for compensation arrangements Subdivision B--Providing information and assistance to ASIC
- 49 Obligation to provide a statement or obtain an audit report if directed by ASIC
- 50 Obligation to give ASIC information required by the regulations
- 50A What are reportable situations ?
- 50B Obligation to lodge a report--reportable situations in relation to the licensee
- 50C Obligation to lodge a report--reportable situations in relation to other licensees
- 50D ASIC must publish details of certain reports
- 51 Obligation to provide ASIC with assistance if reasonably requested Subdivision C--Notifying and remediating consumers affected by reportable situations
- 51A Reporting to consumers affected by a reportable situation
- 51B Obligation to investigate reportable situations that may affect consumers
- 51C Obligation to keep records of compliance Subdivision D--Miscellaneous
- 52 Obligation to cite Australian credit licence number
- 53 Obligation to lodge annual compliance certificate
- 53A Obligation to notify ASIC of change in control
- 53B Obligation to notify ASIC if licensee does not engage in credit activities
- 53C Knowledge and recklessness
Division 6--When a licence can be suspended, cancelled or varied
Subdivision A--Suspensions and cancellations- 54 Suspension or cancellation without hearing
- 55 Suspension or cancellation after offering a hearing
- 56 Suspension and cancellation--special procedures for APRA - regulated bodies Subdivision B--Variations
- 57 Varying licences Subdivision C--Miscellaneous rules about suspensions, cancellations and variations
- 58 Effect of suspension
- 59 Revocation of suspension
- 60 Date of effect, notice and publication of variation, cancellation or suspension etc.
- 61 Statement of reasons
- 62 ASIC may allow licence to continue in force
PART 2-3--CREDIT REPRESENTATIVES AND OTHER REPRESENTATIVES OF LICENSEES
Division 1--Introduction
- 63 Guide to this Part
Division 2--Authorisation of credit representatives
- 64 Licensee may authorise credit representatives
- 65 Credit representative that is a body corporate may sub - authorise natural persons as credit representatives
- 66 Credit representative of 2 or more licensees
- 67 A person cannot be a credit representative in relation to credit activities authorised by a person's licence
- 68 Variation and revocation of authorisations and sub - authorisations
- 69 Obligation not to give authorisation that has no effect
- 70 Obligation to vary or revoke authorisation that ceases to have effect
- 71 Obligation to notify ASIC etc. about credit representatives
- 72 Credit representative numbers
Division 3--Information about representatives
- 73 ASIC may give licensee information about representatives
Division 4--Liability of licensees for representatives
- 74 Application of this Division
- 75 Responsibility if representative of only one licensee
- 76 Representatives of multiple licensees
- 77 Responsibility extends to loss or damage suffered by client
- 78 Effect of this Division
PART 2-4--BANNING OR DISQUALIFICATION OF PERSONS FROM ENGAGING IN CREDIT ACTIVITIES
Division 1--Introduction
- 79 Guide to this Part
Division 2--Banning orders
- 80 ASIC's power to make a banning order
- 81 What a banning order prohibits
- 82 Effect of banning orders
- 83 Variation or cancellation of banning orders
- 84 Date of effect, notice and publication of banning order, variation or cancellation
- 85 Statement of reasons
Division 3--Disqualification by the court
- 86 Disqualification by the court
PART 2-5--FINANCIAL RECORDS, TRUST ACCOUNTS AND AUDIT REPORTS
Division 1--Introduction
- 87 Guide to this Part
Division 2--Financial records of licensees
- 88 Obligation to keep financial records
- 89 How financial records are to be kept
- 90 Language of financial records
- 91 Location of financial records
- 92 Information to be shown in financial records
- 93 Regulations may impose additional requirements
- 94 Financial records taken to be made with licensee's authority
- 95 Obligation to retain financial records for 7 years
- 96 Financial records are prima facie evidence of matters
Division 3--Trust accounts of credit service licensees
- 97 Application of this Division
- 98 Obligation for credit service licensees to maintain trust account
- 99 Obligations in relation to trust account money
- 100 Obligation to lodge trust account statement and trust account audit report
- 101 Time of lodgment of trust account statement and trust account audit report
Division 4--Matters relating to audit reports
- 102 Auditor's right of access to records, information etc.
- 103 Auditor's fees and expenses
- 104 Auditor to report on certain matters
- 105 Qualified privilege for auditor etc.
- 106 Regulations in relation to audit reports etc.
PART 2-6--EXEMPTIONS AND MODIFICATIONS RELATING TO THIS CHAPTER
Division 1--Introduction
- 107 Guide to this Part
Division 2--Exemptions and modifications relating to this Chapter
- 108 Provisions to which this Part applies
- 109 Exemptions and modifications by ASIC
- 110 Exemptions and modifications by the regulations
CHAPTER 3--Responsible lending conduct
PART 3-1--LICENSEES THAT PROVIDE CREDIT ASSISTANCE IN RELATION TO CREDIT CONTRACTS
Division 1--Introduction
Division 2--Credit guide of credit assistance providers
- 113 Credit guide of credit assistance providers
Division 3--Quote for providing credit assistance etc. in relation to credit contracts
- 114 Quote for providing credit assistance etc.
Division 4--Obligations of credit assistance providers before providing credit assistance for credit contracts
- 115 Obligations of credit assistance providers before providing credit assistance for credit contracts
- 116 Preliminary assessment of unsuitability of the credit contract
- 117 Reasonable inquiries etc. about the consumer
- 118 When the credit contract must be assessed as unsuitable--entering contract or increasing the credit limit
- 119 When the credit contract must be assessed as unsuitable--remaining in credit contract
- 120 Providing the consumer with the preliminary assessment
Division 5--Fees, indirect remuneration etc. relating to credit contracts
- 121 Fees, indirect remuneration etc. relating to credit contracts
- 122 No profiting from fees etc. paid to third parties
Division 6--Prohibition on suggesting, or assisting with, unsuitable credit contracts
- 123 Prohibition on suggesting or assisting consumers to enter, or increase the credit limit under, unsuitable credit contracts
- 124 Prohibition on suggesting to consumers to remain in unsuitable credit contracts
Division 7--Special rules for short-term and small amount credit contracts
- 124A Prohibition on providing credit assistance in relation to short - term credit contracts
- 124B Licensee who makes representations about credit assistance in relation to small amount credit contracts must display and give information
- 124C Written documentation required in relation to the preliminary assessment for a small amount credit contract
PART 3-2--LICENSEES THAT ARE CREDIT PROVIDERS UNDER CREDIT CONTRACTS: GENERAL RULES
Division 1--Introduction
- 125 Guide to this Part
Division 2--Credit guide of credit providers
- 126 Credit guide of credit providers
- 127 Credit guide of credit providers who are assignees
Division 3--Obligation to assess unsuitability
- 128 Obligation to assess unsuitability
- 129 Assessment of unsuitability of the credit contract
- 130 Reasonable inquiries etc. about the consumer
- 131 When credit contract must be assessed as unsuitable
- 132 Giving the consumer the assessment
Division 4--Prohibition on entering, or increasing the credit limit of, unsuitable credit contracts
- 133 Prohibition on entering, or increasing the credit limit of, unsuitable credit contracts
PART 3-2A----LICENSEES THAT ARE CREDIT PROVIDERS UNDER CREDIT CONTRACTS: ADDITIONAL RULES RELATING TO STANDARD HOME LOANS
Division 1--Introduction
- 133A Guide to this Part
Division 2--Key Facts Sheets for standard home loans
- 133AA What is a standard home loan ?
- 133AB What is a Key Facts Sheet for a standard home loan?
- 133AC Credit provider's website to provide capacity to generate Key Facts Sheet
- 133AD Credit provider to provide Key Facts Sheet in other situations
- 133AE What if more information is needed from the consumer?
- 133AF Defences to obligation to provide a Key Facts Sheet
PART 3-2B----LICENSEES THAT ARE CREDIT PROVIDERS UNDER CREDIT CONTRACTS: ADDITIONAL RULES RELATING TO CREDIT CARD CONTRACTS
Division 1--Introduction
- 133B Guide to this Part
Division 2--Credit card contracts and related concepts
- 133BA Meaning of credit card contract etc.
Division 3--Key Facts Sheets for credit card contract
- 133BB What is a Key Facts Sheet for a credit card contract?
- 133BC Application form for credit card contract to include up - to - date Key Facts Sheet
- 133BD Credit provider not to enter into credit card contract unless Key Facts Sheet has been provided etc.
Division 4--Offers etc. to increase, and entitlement to reduce, credit limit of credit card contract
- 133BE Credit provider not to offer etc. to increase credit limit of credit card contract
- 133BF Credit provider not to enter into credit card contract unless it allows credit limit to be reduced
- 133BFA Credit provider to provide online capacity to request reduction of credit limit
- 133BFB Credit provider not to suggest the consumer not reduce the credit limit
- 133BFC Credit provider to give effect to request to reduce credit limit
Division 5--Use of credit card in excess of credit limit
- 133BH Credit provider to notify consumer of use of credit card in excess of credit limit
- 133BI Credit provider not to impose fees etc. because credit card used in excess of credit limit
- 133BJ Records of consents and withdrawals to be kept
Division 6--Order of application of payments made under credit card contracts
- 133BO Credit provider to apply payments in accordance with this Division
- 133BP Agreement to apply payment against particular amount owed
- 133BQ Application of payment against last statement balance, with higher interest debts to be discharged first
- 133BR Application of any remaining part of the relevant payment
Division 7--Calculation of interest under credit card contracts
- 133BS Credit provider not to impose retrospective interest charges
Division 8--Ending credit card contracts
- 133BT Credit provider not to enter into credit card contract unless it allows for termination of contracts
- 133BU Credit provider to provide online capacity to request termination of credit card contract
- 133BV Credit provider not to suggest the consumer not terminate the credit card contract
- 133BW Credit provider to give effect to request to terminate credit card contract
PART 3-2C----LICENSEES THAT ARE CREDIT PROVIDERS UNDER CREDIT CONTRACTS: ADDITIONAL RULES RELATING TO SHORT-TERM AND SMALL AMOUNT CREDIT CONTRACTS
Division 1--Introduction
- 133C Guide to this Part
Division 2--Short-term and small amount credit contracts
- 133CA Prohibition on entering, or increasing the credit limit of, short - term credit contracts
- 133CB Licensee who makes representations in relation to small amount credit contracts must display and give information
- 133CC Licensee must not enter into a small amount credit contract if the repayments do not meet the prescribed requirements
- 133CD Licensee must not enter into a small amount credit contract if repayment amounts and intervals are not equal
- 133CE Written documentation required in relation to the assessment for a small amount credit contract
- 133CF Licensee not to make certain unsolicited communications in relation to a small amount credit contract
PART 3-2CA----LICENSEES SUPPLYING CREDIT INFORMATION TO CREDIT REPORTING BODIES ETC.
Division 1--Introduction
- 133CM Guide to this Part
- 133CN Meanings of eligible licensee and eligible credit reporting body
- 133CO Meaning of eligible credit account
- 133CP Meaning of mandatory credit information
- 133CQ Meaning of supply requirements
Division 2--Supplying credit information to credit reporting bodies etc.
Subdivision A--Initial bulk supplies of credit information- 133CR Requirement to supply
- 133CS Exception if credit reporting body not complying with information security requirements
- 133CT Licensee must give notice if credit reporting body later complies with information security requirements Subdivision B--Ongoing supplies of credit information
- 133CU Requirement to supply
- 133CV Exception if credit reporting body not complying with information security requirements
- 133CW Licensee must give notice if credit reporting body later complies with information security requirements Subdivision C--Offences
- 133CX Offence relating to initial bulk supplies
- 133CY Offence relating to ongoing supplies
- 133CZ Offence relating to giving notice if credit reporting body later complies with information security requirements
Division 3--Conditions on credit reporting bodies on-disclosing credit information
Division 4--Reporting to the Minister
- 133CZC Reports about initial bulk supplies of credit information
- 133CZD Auditors
- 133CZE Offence
Division 5--Assisting ASIC
- 133CZF Meaning of Part 3 - 2CA body
- 133CZG Obligation to provide a statement or obtain an audit report if directed by ASIC
- 133CZH Obligation to give ASIC information required by the regulations
- 133CZI Obligation to provide ASIC with assistance if reasonably requested
- 133CZJ Extended application of Division 4 of Part 2 - 5
Division 6--Miscellaneous
- 133CZK This Part does not limit the Privacy Act 1988
- 133CZL Review of the operation of this Part
- 133CZM Main constitutional basis
- 133CZN Other constitutional bases
PART 3-2D----LICENSEES AND REVERSE MORTGAGES
- 133DA Guide to this Part
- 133DB Giving projections of equity before providing credit assistance or entering credit contract
- 133DC Making reverse mortgage information statement available on website of credit provider or credit assistance provider
- 133DD Making reverse mortgage information statement available in other situations
- 133DE Representations that use the term "reverse mortgage" etc.
PART 3-3--LICENSEES THAT PROVIDE CREDIT ASSISTANCE IN RELATION TO CONSUMER LEASES
Division 1--Introduction
Division 2--Credit guide of credit assistance providers
- 136 Credit guide of credit assistance providers
Division 3--Quote for providing credit assistance etc. in relation to consumer leases
- 137 Quote for providing credit assistance etc.
Division 4--Obligations of credit assistance providers before providing credit assistance for consumer leases
- 138 Obligations of credit assistance providers before providing credit assistance for consumer leases
- 139 Preliminary assessment of unsuitability of the consumer lease
- 140 Reasonable inquiries etc. about the consumer
- 141 When the consumer lease must be assessed as unsuitable--entering lease
- 142 When the consumer lease must be assessed as unsuitable--remaining in lease
- 143 Providing the consumer with the preliminary assessment
Division 5--Fees, indirect remuneration etc. relating to consumer leases
- 144 Fees, indirect remuneration etc. relating to consumer leases
- 145 No profiting from fees etc. paid to third parties
Division 6--Prohibition on suggesting, or assisting with, unsuitable consumer leases
- 146 Prohibition on suggesting, or assisting with, unsuitable consumer leases
- 147 Prohibition on suggesting to consumers to remain in unsuitable consumer leases
Division 7--Special rules for consumer leases for household goods
- 147A Licensee who makes representations about credit assistance in relation to consumer leases for household goods must display and give information
- 147B Written documentation required in relation to the preliminary assessment for a consumer lease for household goods
PART 3-4--LICENSEES THAT ARE LESSORS UNDER CONSUMER LEASES
Division 1--Introduction
- 148 Guide to this Part
Division 2--Credit guide of lessors
Division 3--Obligation to assess unsuitability
- 151 Obligation to assess unsuitability
- 152 Assessment of unsuitability of the consumer lease
- 153 Reasonable inquiries etc. about the consumer
- 154 When consumer lease must be assessed as unsuitable
- 155 Giving the consumer the assessment
Division 4--Prohibition on entering unsuitable consumer leases
- 156 Prohibition on entering unsuitable consumer leases
Division 5--Special rules for consumer leases for household goods
- 156A Licensee who makes representations about consumer leases for household goods must display and give information
- 156B Licensee must not enter into a consumer lease for household goods if the payments do not meet the prescribed requirements
- 156C Written documentation required in relation to the assessment for a consumer lease for household goods
PART 3-5--CREDIT REPRESENTATIVES
Division 1--Introduction
- 157 Guide to this Part
Division 2--Credit guide of credit representatives
- 158 Credit guide of credit representatives
PART 3-5A----MORTGAGE BROKERS AND MORTGAGE INTERMEDIARIES
Division 1--Introduction
Subdivision A--Guide to this Part- 158K Guide to this Part Subdivision B--Interpretation
- 158KA Doing acts
- 158KB Circumstances in which a secondary representative is taken to be acting within actual or apparent authority
- 158KC Obligations under this Part in addition to other obligations
Division 2--Best interests obligations
Subdivision A--Licensees that provide credit assistance in relation to credit contracts- 158L Application of this Subdivision
- 158LA Licensee must act in the best interests of the consumer
- 158LB Conflict between consumer's interests and those of the licensee etc. Subdivision B--Credit representatives that provide credit assistance in relation to credit contracts
- 158LD Application of this Subdivision
- 158LE Credit representative must act in the best interests of the consumer
- 158LF Conflict between consumer's interests and those of the credit representative etc.
Division 4--Conflicted remuneration
Subdivision A--What is conflicted remuneration?- 158N Conflicted remuneration
- 158NA Regulations may further define conflicted remuneration Subdivision B--Ban on accepting conflicted remuneration
- 158NB Licensee must not accept conflicted remuneration
- 158NC Credit representative must not accept conflicted remuneration Subdivision C--Ban on giving conflicted remuneration
- 158ND Employer must not give employees conflicted remuneration
- 158NE Credit provider must not give conflicted remuneration
- 158NF Mortgage intermediary must not give conflicted remuneration
Division 6--Miscellaneous
- 158T Anti - avoidance
PART 3-6--DEBT COLLECTORS
Division 1--Introduction
- 159 Guide to this Part
Division 2--Credit guide of debt collectors
PART 3-6A----MISCELLANEOUS RULES
Division 1--Introduction
- 160A Guide to this Part
Division 2--Representations
Division 2A--Use or disclosure of certain documents and information
- 160CA Application of this Division
- 160CB Prohibition on use or disclosure of certain documents and information
Division 3--Giving misleading information
- 160D Prohibition on giving misleading information etc.
Division 4--Giving authorisation for deductions by employer of debtor or lessee
- 160E Requirements for giving authorisation to employer
Division 5--Periods for determining unsuitability in respect of credit card contracts
- 160F Periods for determining unsuitability in respect of credit card contracts
Division 6--Proscribed referrals
- 160G Prohibition on proscribed referrals
PART 3-7--EXEMPTIONS AND MODIFICATIONS RELATING TO THIS CHAPTER
Division 1--Introduction
- 161 Guide to this Part
Division 2--Exemptions and modifications relating to this Chapter
- 162 Provisions to which this Part applies
- 163 Exemptions and modifications by ASIC
- 164 Exemptions and modifications by the regulations
CHAPTER 4--Remedies
PART 4-1--CIVIL PENALTY PROVISIONS
Division 1--Introduction
- 165 Guide to this Part
Division 2--Declarations and pecuniary penalty orders for contraventions of civil penalty provisions
- 166 Declaration of contravention of civil penalty provision
- 167 Court may order person to pay pecuniary penalty for contravening civil penalty provision
- 167A Maximum pecuniary penalty
- 167B Pecuniary penalty applicable
- 167C Relinquishing the benefit derived from contravening a civil penalty provision
- 167D Meaning of benefit derived and detriment avoided because of a contravention of a civil penalty provision
Division 3--General provisions relating to civil penalty provisions
- 168 Contravening a civil penalty provision is not an offence
- 169 Attempt and involvement in contravention treated in same way as actual contravention
- 170 Civil evidence and procedure rules for proceedings relating to civil penalty provisions
- 171 Criminal proceedings before civil proceedings
- 172 Criminal proceedings during civil proceedings
- 173 Criminal proceedings after civil proceedings
- 174 Evidence given in proceedings for pecuniary penalty not admissible in criminal proceedings
- 175 Civil double jeopardy
- 175A Continuing contraventions of civil penalty provisions
- 175B State of mind
- 175C Mistake of fact
- 175D Exceptions etc. to civil penalty provisions--burden of proof
- 175E Civil penalty provisions contravened by employees, agents or officers
PART 4-2--POWER OF THE COURT TO GRANT REMEDIES
Division 1--Introduction
- 176 Guide to this Part
Division 2--Power of the court to grant remedies
- 177 Injunctions
- 178 Compensation orders
- 179 Other orders to compensate loss or damage
- 180 Orders in relation to unlawful credit activities
- 180A Orders to remedy unfair or dishonest conduct by credit service providers
- 181 Preference must be given to compensate consumers
- 182 Adverse publicity orders
- 183 Relief from liability for contravention of civil penalty provision
- 184 Multiple remedies may be granted
PART 4-3--JURISDICTION AND PROCEDURE OF COURTS
Division 1--Introduction
- 185 Guide to this Part
Division 2--Civil proceedings
Subdivision A--Application of this Division- 186 Application of this Division Subdivision B--Conferral of civil jurisdiction
- 187 Civil jurisdiction of courts
- 188 Jurisdiction--decisions to prosecute and related criminal justice process decisions made by Commonwealth officers
- 189 Cross - jurisdictional appeals
- 190 Courts to act in aid of each other Subdivision C--Transfers between courts
- 191 Transfers--application of Subdivision
- 192 Transfers--exercise of transfer power
- 193 Transfers--criteria for transfer
- 194 Transfers--how initiated
- 195 Transfers--documents and procedure
- 196 Transfers--conduct of proceedings
- 197 Transfers--entitlement to practise as a lawyer
- 198 Transfers--limitation on appeals Subdivision D--Other matters
- 199 Plaintiffs may choose small claims procedure
- 200 Costs only if proceedings brought vexatiously etc.
- 201 Civil proceedings not to be stayed
- 202 Standard of proof in civil proceedings
Division 3--Criminal proceedings
Subdivision A--Application of this Division- 203 Application of this Division Subdivision B--Conferral of criminal jurisdiction
- 204 Criminal jurisdiction of courts
- 205 Criminal proceedings--laws to be applied
- 206 Criminal proceedings--how taken
- 207 Certain persons to assist in prosecutions
- 208 Privilege against self - incrimination not available to bodies corporate in criminal proceedings
Division 4--Proceedings generally
- 209 ASIC's power to intervene in proceedings
- 210 Evidence of contravention
- 211 Power of court to punish for contempt of court
CHAPTER 5--Administration
PART 5-1--MATTERS RELATING TO HANDLING RECORDS AND INFORMATION
Division 1--Introduction
- 212 Guide to this Part
Division 1A--The Registrar
Subdivision A--The Registrar- 212A Appointment of the Registrar
- 212B Functions
- 212C Powers
- 212D Directions by Minister
- 212E Delegation
- 212F Assisted decision making
- 212G Liability for damages Subdivision B--How the Registrar is to perform and exercise functions and powers
- 212H Data standards
- 212J Giving information to the Registrar
- 212K How the Registrar is to perform and exercise functions and powers Subdivision C--Disclosure of information
- 212L Disclosure framework
- 212M Protection of confidentiality of protected information
- 212N Authorisation of recording or disclosure
- 212P Preventing disclosure of particular protected information
- 212Q Authorisation for purposes of Privacy Act
- 212R Disclosure to a court Subdivision D--Miscellaneous
- 212S Extracts of information to be admissible in evidence
- 212T Annual report
- 212U Rules
Division 2--Registers relating to credit activities
- 213 Credit registers
- 214 Inspection and public availability of credit registers
PART 5-2--DOCUMENTS LODGED WITH ASIC OR REQUIRED BY THIS ACT
Division 1--Introduction
- 215 Guide to this Part
Division 2--Lodgment of documents with ASIC
- 216 When documents are lodged with ASIC
- 217 Approved forms for documents to be lodged with ASIC
- 218 ASIC may refuse to receive document etc.
Division 3--ASIC's register of documents
- 219 Register of documents lodged with ASIC
- 220 ASIC may require person to give information for document registers
- 221 Written document setting out information from document registers is prima facie evidence of matters
Division 4--Other provisions relating to documents lodged with ASIC or required under this Act
- 222 Certified copy or extract of document lodged with ASIC is admissible in evidence
- 223 ASIC may destroy or dispose of certain documents
- 224 Court may order lodgment of document etc.
- 225 False or misleading documents
PART 5-3--CONCEALMENT OR FALSIFICATION OF CREDIT BOOKS
Division 1--Introduction
- 226 Guide to this Part
Division 2--Prohibitions relating to the concealment or falsification of credit books
- 227 Concealing etc. of credit books
- 228 Falsification of credit books
- 229 Precautions against falsification of credit books
PART 5-4--FEES IMPOSED BY THE NATIONAL CONSUMER CREDIT PROTECTION (FEES) ACT 2009
Division 1--Introduction
- 230 Guide to this Part
Division 2--Fees imposed by the National Consumer Credit Protection (Fees) Act 2009
- 231 Fees are payable to the Commonwealth
- 232 Lodgment of document without payment of fee
- 233 Doing act without payment of fee
- 234 Effect of sections 232 and 233
- 235 Waiver and refund of fees
- 236 Debts due to the Commonwealth
- 237 Payment of fee does not give right to inspect or search
PART 5-5--OTHER ADMINISTRATIVE MATTERS
Division 1--Introduction
- 238 Guide to this Part
Division 1A--Codes of conduct
Subdivision A--Approved codes of conduct- 238A Approved codes of conduct
- 238B Variations to approved codes of conduct
- 238C Review of approved codes of conduct
- 238D Obligation to comply with enforceable code provisions
- 238E Regulations Subdivision B--Mandatory codes of conduct
- 238F Mandatory codes of conduct
- 238G Obligation to comply with mandatory code of conduct
Division 2--Other administrative matters
- 239 ASIC has general administration of this Act
- 240 Obstructing or hindering ASIC etc.
- 242 ASIC may arrange for use of computer programs to make decisions
- 243 Qualified privilege for information given to ASIC
- 244 ASIC certificate is prima facie evidence of matters
- 245 Operator of AFCA scheme may give information to ASIC
CHAPTER 6--Compliance and enforcement
PART 6-1--INVESTIGATIONS
Division 1--Introduction
- 246 Guide to this Part
Division 2--Investigations
- 247 General powers of investigation
- 248 Minister may direct investigations
- 249 Interim report on investigation
- 250 Final report on investigation
- 251 Distribution of report
PART 6-2--EXAMINATION OF PERSONS
Division 1--Introduction
- 252 Guide to this Part
Division 2--Examination of persons
- 253 Notice requiring appearance for examination
- 254 Proceedings at examination
- 255 Requirements made of examinee
- 256 Examination to take place in private
- 256A Proceedings at examination
- 257 Examinee's lawyer may attend
- 258 Record of examination
- 259 Giving to other persons copies of record
- 260 Copies given subject to conditions
- 261 Record to accompany report
PART 6-3--INSPECTION OF BOOKS AND AUDIT INFORMATION-GATHERING POWERS
Division 1--Introduction
- 262 Guide to this Part
Division 2--Inspection of books and audit information-gathering powers
- 263 When certain powers may be exercised
- 264 ASIC may inspect books without charge
- 265 Notice to auditors concerning information and books
- 266 Notice to produce books about credit activities or credit reporting
- 267 Notice to produce documents in person's possession
- 268 ASIC may authorise persons to require production of books, giving of information etc.
- 271 Powers if books produced or seized
- 272 Powers if books not produced
PART 6-3A----SEARCH WARRANTS
Division 1--Introduction
- 272A Guide to this Part
Division 2--Extra application of Crimes Act search warrant provisions
Subdivision A--Basic extra application- 272B Extra application of Crimes Act search warrant provisions
- 272C Interpretation of modifications Subdivision B--Modifications
- 272D Major modifications--evidential material
- 272E Major modifications--who may apply for a warrant etc.
- 272F Major modifications--purposes for which things may be used and shared
- 272G Minor modifications
PART 6-4--PROCEEDINGS AFTER AN INVESTIGATION
Division 1--Introduction
- 273 Guide to this Part
Division 2--Proceedings after an investigation
- 274 ASIC may prosecute
- 275 ASIC may bring civil proceedings
PART 6-5--HEARINGS
Division 1--Introduction
- 276 Guide to this Part
Division 2--Hearings
- 277 Power to hold hearings
- 278 General discretion to hold hearing in public or private
- 279 Request by person appearing at hearing that it take place in public
- 280 Certain hearings to take place in private
- 281 ASIC may restrict publication of certain material
- 282 Who may be present when hearing takes place in private
- 283 Involvement of person entitled to appear at hearing
- 284 Power to summon witnesses and take evidence
- 285 Proceedings at hearings
- 285A Proceedings at hearings
- 286 ASIC to take account of evidence and submissions
- 287 Reference to court of question of law arising at hearing
- 288 Protection of ASIC members etc.
PART 6-5A----PENALTIES FOR OFFENCES
Division 1--Introduction
- 288A Guide to this Part
Division 2--Penalty for committing an offence
- 288B Penalty for committing an offence
- 288C Penalty applicable to an offence committed by an individual
- 288D Penalty applicable to an offence committed by a body corporate
- 288E Meaning of benefit derived and detriment avoided because of an offence
- 288F Where is the penalty for an offence specified?
- 288G If no penalty is specified
PART 6-5B----INFRINGEMENT NOTICES
Division 1--Introduction
- 288H Guide to this Part
Division 2--Infringement notices
- 288J When an infringement notice may be given
- 288K Provisions subject to an infringement notice
- 288L Matters to be included in an infringement notice
- 288M Payment period
- 288N Extension of time to pay amount
- 288P Payment by instalments
- 288Q Withdrawal of an infringement notice
- 288R Effect of payment of amount
- 288S Effect of this Part
PART 6-6--OFFENCES UNDER THIS CHAPTER
Division 1--Introduction
- 289 Guide to this Part
Division 2--Offences
- 290 Contraventions of requirements made under this Chapter
- 291 False information
- 293 Disrupting hearings
- 294 Concealing books relevant to investigation
- 295 Self - incrimination
- 296 Legal professional privilege
- 297 Powers of court relating to contraventions of this Chapter
PART 6-7--ASIC'S POWERS IN RELATION TO CONTRAVENTIONS OF THIS CHAPTER
Division 1--Introduction
- 298 Guide to this Part
Division 2--ASIC's powers in relation to contraventions of this Chapter
- 299 Application of this Part
- 300 Orders by ASIC relating to credit contracts, mortgages, guarantees or consumer leases
- 301 Orders under this Part
PART 6-7A----PRODUCT INTERVENTION ORDERS
Division 1--Introduction
- 301A Guide to this Part
Division 2--Product intervention orders
- 301B Definitions
- 301C Application of product intervention orders
- 301D ASIC may make product intervention orders
- 301E Significant detriment to consumers
- 301F ASIC to consult before making product intervention orders
- 301G Commencement and duration of product intervention orders
- 301H Extension of product intervention orders
- 301J Amendment of product intervention orders
- 301K Revocation of product intervention orders
- 301L ASIC to issue public notice of product intervention orders
- 301M Remaking product intervention orders
- 301N Product intervention orders may require notification
- 301P Enforcement of product intervention orders
PART 6-8--EVIDENTIARY USE OF CERTAIN MATERIAL
Division 1--Introduction
- 302 Guide to this Part
Division 2--Evidentiary use of certain material
- 303 Statements made at an examination: proceedings against examinee
- 304 Statements made at an examination: other proceedings
- 305 Weight of evidence admitted under section 304
- 306 Objection to admission of statements made at examination
- 307 Copies of, or extracts from, certain books
- 308 Report under Part 6 - 1
- 309 Exceptions to admissibility of report
- 310 Material otherwise admissible
PART 6-9--MISCELLANEOUS PROVISIONS RELATING TO COMPLIANCE AND ENFORCEMENT
Division 1--Introduction
- 311 Guide to this Part
Division 2--Miscellaneous provisions relating to compliance and enforcement
- 312 Requirement made of a body corporate
- 313 Evidence of authority
- 314 Giving documents to natural persons
- 315 Place and time for production of books
- 316 Application of Crimes Act and Evidence Act
- 317 Allowances and expenses
- 318 Expenses of investigation under Part 6 - 1
- 319 Recovery of expenses of investigation
- 320 Compliance with this Chapter
- 321 Effect of this Chapter
- 322 Enforcement of undertakings
CHAPTER 7--Miscellaneous
PART 7-1--MISCELLANEOUS
Division 1--Introduction
- 323 Guide to this Part
Division 1A--Avoidance schemes
- 323A Schemes for avoidance purposes
- 323B Whether it is reasonable to draw conclusion as to purpose
- 323C Presumption of avoidance for certain schemes in civil cases
- 323D Exemption by ASIC
Division 2--Liability of persons for conduct of their agents etc.
- 324 Liability for bodies corporate for conduct of their agents, employees etc.
- 325 Liability of persons (other than bodies corporate) for the conduct of their agents, employees etc.
- 326 Regulations for the purposes of this Division
Division 3--Review of ASIC's decisions
- 327 Review by Administrative Appeals Tribunal of decisions by ASIC under this Act
- 328 Notice of reviewable decision and review rights
Division 4--Regulations
- 329 Regulations
- 330 Regulations--where proceedings may be brought
Division 5--Other miscellaneous provisions
- 332 Civil penalty provisions contravened or offences committed partly in and partly out of this jurisdiction
- 333 Contravention of Act does not generally affect validity of transactions etc.
- 334 Contracting out etc.
- 335 Indemnities
- 336 Acquisition of property
- 337 Minister may delegate prescribed functions and powers under this Act