Commonwealth Consolidated Acts

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 76

When this section applies

  (1)   This section applies if the representative is the representative of more than one licensee.

Conduct covered by only one authority

  (2)   If:

  (a)   the representative is the representative of one of the licensees only in relation to a particular class of credit activity; and

  (b)   the conduct relates to that class of credit activity;

that licensee is responsible for the conduct, as between that licensee and the client, whether or not the conduct is within the authority of the licensee.

Conduct covered by multiple authorities

  (3)   If:

  (a)   the representative is the representative of more than one of the licensees in relation to a particular class of credit activity; and

  (b)   the conduct relates to that class of credit activity; and

  (c)   the conduct is within the authority of:

  (i)   only one of those licensees (the authorising licensee ); or

  (ii)   2 or more of those licensees (the authorising licensees );

then:

  (d)   if subparagraph   (c)(i) applies--the authorising licensee is responsible for the conduct, as between that licensee and the client; or

  (e)   if subparagraph   (c)(ii) applies--the authorising licensees are jointly and severally responsible for the conduct, as between themselves and the client.

All other cases

  (4)   In any other case, all of the licensees are jointly and severally responsible for the conduct, as between themselves and the client, whether or not the representative's conduct is within the authority of any of them.