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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 275

ASIC may bring civil proceedings

    If, as a result of an investigation or from a record of an examination (being an investigation or examination conducted under this Chapter), it appears to ASIC to be in the public interest for a person to bring and carry on proceedings (other than proceedings under the Commonwealth credit legislation) for:

  (a)   the recovery of damages for fraud, negligence, default, breach of duty, or other misconduct, committed in connection with a matter to which the investigation or examination related; or

  (b)   recovery of property of the person;

ASIC:

  (c)   if the person is a company (within the meaning of the Corporations Act 2001 )--may cause; or

  (d)   otherwise--may, with the person's written consent, cause;

such proceedings to be begun and carried on in the person's name.



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