CTHIn ForceAct
National Consumer Credit Protection Act 2009
71Obligation to notify ASIC etc. about credit representatives
Start here
Get a plain-English read of 71
Turn the raw legal text into a practical explanation grounded in National Consumer Credit Protection Act 2009.
71 Obligation to notify ASIC etc. about credit representatives
Requirement to notify ASIC when credit representative authorised
(1) If a person authorises a credit representative under subsection 64(1) or 65(1), the person must, within 15 business days of the authorisation, lodge with ASIC a written notice in accordance with subsection (3).
Requirement to notify licensee of sub‑authorisation
(a) a person authorises a natural person as a credit representative of a licensee under subsection 65(1) (which deals with sub‑authorisations); and
(b) the consent of the licensee to the authorisation was given in relation to a specified class of natural persons;
then the person must, within 15 business days of the authorisation, give the licensee written notice of the authorisation in accordance with subsection (3).
Details to be included in notice
(3) The notice must include the following details:
(a) the name and business address of the credit representative;
(b) details of the authorisation, including the date on which it was made and what the credit representative is authorised to do on behalf of the licensee;
(c) details of the external dispute resolution scheme of which the credit representative is a member;
(d) details of each other licensee on behalf of whom the credit representative is a credit representative.
Requirement to notify ASIC of change in details etc.
(a) a person authorises a credit representative under subsection 64(1) or 65(1); and
(b) either:
(i) any of the details that are referred to in subsection (3) in relation to the credit representative changes; or
(ii) the person revokes the authorisation;
then the person must, within 10 business days of the change or revocation, lodge with ASIC a written notice of the change or revocation.
(5) A notice given under subsection (1), (2) or (4) must be in the approved form.
Exceptions—sub‑authorisations relating to low cost credit contracts
(5A) Subsections (1) and (4) do not apply to an authorisation under subsection 65(1) (which deals with sub‑authorisations) that authorises a person to engage in credit activities in relation to a low cost credit contract.
(a) the person is subject to a requirement to give a notice under subsection (1), (2) or (4); and