NATIONAL CONSUMER CREDIT PROTECTION ACT 2009

Commonwealth Consolidated Acts

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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009

TABLE OF PROVISIONS

Long Title

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

28. Application of this Division
29. Prohibition on 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

35. 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

111. Guide to this Part
112. Application of this Part

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

133CZA. On - disclosing information supplied under Division 2 etc.
133CZB. Offence

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

134. Guide to this Part
135. Application of this Part

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

149. Credit guide of lessors
150. Credit guide of lessors who are assignees

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

160. Credit guide of debt collectors

PART 3-6A----MISCELLANEOUS RULES

Division 1--Introduction

160A. Guide to this Part

Division 2--Representations

160B. "Independent", "impartial" or "unbiased" etc.
160C. "Financial counsellor" etc.

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

203A. Criminal jurisdiction of the Federal Court
204. Criminal jurisdiction of State and Territory 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 Review 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
SCHEDULE 1 National Credit Code

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