Commonwealth Consolidated Acts

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 30

Prohibitions on holding out and advertising etc.

  (1)   A person must not hold out:

  (a)   that the person holds a licence; or

  (b)   that the person holds a licence authorising the person to engage in a particular credit activity; or

  (c)   that a credit activity engaged in by the person or by someone else is exempt from a requirement to hold a licence; or

  (d)   that, in engaging in a credit activity, the person acts on behalf of another person; or

  (e)   that conduct, or proposed conduct, of the person is within the authority of a licensee;

if that is not the case.

Civil penalty:   5,000 penalty units.

  (2)   A person must not hold out or advertise that the person engages or is able to engage in a credit activity if the person would, if the person engaged in the credit activity, contravene section   29 (which deals with the requirement to be licensed).

Civil penalty:   5,000 penalty units.

Offence

  (3)   A person commits an offence if:

  (a)   the person is subject to a requirement under subsection   (1) or (2); and

  (b)   the person engages in conduct; and

  (c)   the conduct contravenes the requirement.

Criminal penalty:   1 year imprisonment.