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National Consumer Credit Protection Act 2009
289Guide to this Part
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289 Guide to this Part
This Part is about offences for non‑compliance with requirements of this Chapter, and other offences in relation to requirements made under this Chapter.
Division 2 includes offences for non‑compliance with the requirements of this Chapter. It also includes other offences relating to compliance and enforcement, including offences relating to giving false information, obstructing the exercise of powers under this Chapter, and contempt of ASIC.
Division 2 also includes rules in relation to self‑incrimination and legal professional privilege.
Division 2—Offences
290 Contraventions of requirements made under this Chapter
(1) A person must not intentionally or recklessly refuse or fail to comply with a requirement made under:
(a) section 253; or
(b) subsection 255(4); or
(c) section 265, 266, 267 or 268; or
(d) subsection 271(9); or
(e) section 272.
(2) A person must not refuse or fail to comply with a requirement made under subsection 255(1) or 264(2), paragraph 258(2)(a) or subsection 274(4), 284(1), (2) or (4).
(3) A person must comply with a requirement made under subsection 257(2).
(4) Subsections (1) and (2) do not apply to the extent that the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).
(5) Paragraph (1)(d) does not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
(6) Paragraph (1)(e) does not apply to the extent that the person has stated the matter to the best of his or her knowledge or belief.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).