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National Consumer Credit Protection Act 2009
262Guide to this Part
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262 Guide to this Part
This Part is about powers of ASIC in relation to the inspection of books and gathering of information about audits.
Division 2 includes powers of ASIC to inspect books, and to require persons to produce books or documents, or give information, in some circumstances.
Division 2—Inspection of books and audit information‑gathering powers
263 When certain powers may be exercised
A power conferred by this Part (other than sections 264, and 265) may only be exercised:
(a) for the purposes of the performance or exercise of any of ASIC’s functions and powers under the Commonwealth credit legislation; or
(b) for the purposes of ensuring compliance with the Commonwealth credit legislation; or
(c) in relation to an alleged or suspected contravention of the credit legislation; or
(d) in relation to an alleged or suspected contravention of a law of the Commonwealth, or of 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; or
(e) for the purposes of an investigation under Part 6‑1.