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National Consumer Credit Protection Act 2009
248Minister may direct investigations
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248 Minister may direct investigations
(1) If, in the Minister’s opinion, it is in the public interest in relation to this jurisdiction for a particular matter to which subsection (2) applies to be investigated, he or she may by writing direct ASIC to investigate that matter.
(2) This subsection applies to a matter relating to any of the following:
(a) an alleged or suspected contravention of the Commonwealth credit legislation;
(b) an alleged or suspected contravention of a law of the Commonwealth, or a law of a referring State or a Territory, being a contravention that:
(i) concerns the management, conduct or affairs of a licensee, credit representative or other person who engages, or has engaged, in a credit activity; or
(ii) involves fraud or dishonesty and relates to a credit activity engaged in by a person, or a credit contract, mortgage, guarantee or consumer lease;
(c) a credit activity engaged in by a person.
(3) ASIC must comply with a direction under subsection (1).
(4) A direction under subsection (1) does not prevent ASIC from delegating a function or power.
(5) A direction under subsection (1) is not a legislative instrument.