CTHIn ForceAct
National Consumer Credit Protection Act 2009
full-source-retrieval-0002Document excerpt 2
133CO Meaning of eligible credit account
133CP Meaning of mandatory credit information
133CQ Meaning of supply requirements
Division 2—Supplying credit information to credit reporting bodies etc.
Subdivision A—Initial bulk supplies of credit information
133CR Requirement to supply
133CS Exception if credit reporting body not complying with information security requirements
133CT Licensee must give notice if credit reporting body later complies with information security requirements
Subdivision B—Ongoing supplies of credit information
133CU Requirement to supply
133CV Exception if credit reporting body not complying with information security requirements
133CW Licensee must give notice if credit reporting body later complies with information security requirements
Subdivision C—Offences
133CX Offence relating to initial bulk supplies
133CY Offence relating to ongoing supplies
133CZ Offence relating to giving notice if credit reporting body later complies with information security requirements
Division 3—Conditions on credit reporting bodies on‑disclosing credit information
133CZA On‑disclosing information supplied under Division 2 etc.
133CZB Offence
Division 4—Reporting to the Minister
133CZC Reports about initial bulk supplies of credit information
133CZD Auditors
133CZE Offence
Division 5—Assisting ASIC
133CZF Meaning of Part 3‑2CA body
133CZG Obligation to provide a statement or obtain an audit report if directed by ASIC
133CZH Obligation to give ASIC information required by the regulations
133CZI Obligation to provide ASIC with assistance if reasonably requested
133CZJ Extended application of Division 4 of Part 2‑5
Division 6—Miscellaneous
133CZK This Part does not limit the Privacy Act 1988
133CZL Review of the operation of this Part
133CZM Main constitutional basis
133CZN Other constitutional bases
Part 3‑2D—Licensees and reverse mortgages
133DA Guide to this Part
133DB Giving projections of equity before providing credit assistance or entering credit contract
133DC Making reverse mortgage information statement available on website of credit provider or credit assistance provider
133DD Making reverse mortgage information statement available in other situations
133DE Representations that use the term “reverse mortgage” etc.
Part 3‑3—Licensees that provide credit assistance in relation to consumer leases
135 Application of this Part
Division 2—Credit guide of credit assistance providers
136 Credit guide of credit assistance providers
Division 3—Quote for providing credit assistance etc. in relation to consumer leases
137 Quote for providing credit assistance etc.
Division 4—Obligations of credit assistance providers before providing credit assistance for consumer leases
138 Obligations of credit assistance providers before providing credit assistance for consumer leases
139 Preliminary assessment of unsuitability of the consumer lease
140 Reasonable inquiries etc. about the consumer
141 When the consumer lease must be assessed as unsuitable—entering lease
142 When the consumer lease must be assessed as unsuitable—remaining in lease
143 Providing the consumer with the preliminary assessment
Division 5—Fees, indirect remuneration etc. relating to consumer leases
144 Fees, indirect remuneration etc. relating to consumer leases
145 No profiting from fees etc. paid to third parties
Division 6—Prohibition on suggesting, or assisting with, unsuitable consumer leases
146 Prohibition on suggesting, or assisting with, unsuitable consumer leases
147 Prohibition on suggesting to consumers to remain in unsuitable consumer leases
Division 7—Special rules for consumer leases for household goods
147A Licensee who makes representations about credit assistance in relation to consumer leases for household goods must display and give information
147B Written documentation required in relation to the preliminary assessment for a consumer lease for household goods
Part 3‑4—Licensees that are lessors under consumer leases
Division 2—Credit guide of lessors
149 Credit guide of lessors
150 Credit guide of lessors who are assignees
Division 3—Obligation to assess unsuitability
151 Obligation to assess unsuitability
152 Assessment of unsuitability of the consumer lease
153 Reasonable inquiries etc. about the consumer
154 When consumer lease must be assessed as unsuitable
155 Giving the consumer the assessment
Division 4—Prohibition on entering unsuitable consumer leases
156 Prohibition on entering unsuitable consumer leases
Division 5—Special rules for consumer leases for household goods
156A Licensee who makes representations about consumer leases for household goods must display and give information
156B Licensee must not enter into a consumer lease for household goods if the payments do not meet the prescribed requirements
156C Written documentation required in relation to the assessment for a consumer lease for household goods
Part 3‑5—Credit representatives
Division 2—Credit guide of credit representatives
158 Credit guide of credit representatives
Part 3‑5A—Mortgage brokers and mortgage intermediaries
Subdivision A—Guide to this Part
Subdivision B—Interpretation
158KB Circumstances in which a secondary representative is taken to be acting within actual or apparent authority
158KC Obligations under this Part in addition to other obligations
Division 2—Best interests obligations
Subdivision A—Licensees that provide credit assistance in relation to credit contracts
158L Application of this Subdivision
158LA Licensee must act in the best interests of the consumer
158LB Conflict between consumer’s interests and those of the licensee etc.
Subdivision B—Credit representatives that provide credit assistance in relation to credit contracts
158LD Application of this Subdivision
158LE Credit representative must act in the best interests of the consumer
158LF Conflict between consumer’s interests and those of the credit representative etc.
Division 4—Conflicted remuneration
Subdivision A—What is conflicted remuneration?
158N Conflicted remuneration
158NA Regulations may further define conflicted remuneration
Subdivision B—Ban on accepting conflicted remuneration
158NB Licensee must not accept conflicted remuneration
158NC Credit representative must not accept conflicted remuneration
Subdivision C—Ban on giving conflicted remuneration
158ND Employer must not give employees conflicted remuneration
158NE Credit provider must not give conflicted remuneration
158NF Mortgage intermediary must not give conflicted remuneration
Division 2—Credit guide of debt collectors
160 Credit guide of debt collectors
Part 3‑6A—Miscellaneous rules
Division 2—Representations
160B “Independent”, “impartial” or “unbiased” etc.
160C “Financial counsellor” etc.
Division 2A—Use or disclosure of certain documents and information
160CA Application of this Division
160CB Prohibition on use or disclosure of certain documents and information
Division 3—Giving misleading information
160D Prohibition on giving misleading information etc.
Division 4—Giving authorisation for deductions by employer of debtor or lessee
160E Requirements for giving authorisation to employer
Division 5—Periods for determining unsuitability in respect of credit card contracts
160F Periods for determining unsuitability in respect of credit card contracts
Division 6—Proscribed referrals
160G Prohibition on proscribed referrals
Part 3‑7—Exemptions and modifications relating to this Chapter
Division 2—Exemptions and modifications relating to this Chapter
162 Provisions to which this Part applies
163 Exemptions and modifications by ASIC
164 Exemptions and modifications by the regulations
Part 4‑1—Civil penalty provisions
Division 2—Declarations and pecuniary penalty orders for contraventions of civil penalty provisions
166 Declaration of contravention of civil penalty provision
167 Court may order person to pay pecuniary penalty for contravening civil penalty provision
167A Maximum pecuniary penalty
167B Pecuniary penalty applicable
167C Relinquishing the benefit derived from contravening a civil penalty provision
167D Meaning of benefit derived and detriment avoided because of a contravention of a civil penalty provision
Division 3—General provisions relating to civil penalty provisions
168 Contravening a civil penalty provision is not an offence
169 Attempt and involvement in contravention treated in same way as actual contravention
170 Civil evidence and procedure rules for proceedings relating to civil penalty provisions
171 Criminal proceedings before civil proceedings
172 Criminal proceedings during civil proceedings
173 Criminal proceedings after civil proceedings
174 Evidence given in proceedings for pecuniary penalty not admissible in criminal proceedings
175 Civil double jeopardy
175A Continuing contraventions of civil penalty provisions
175D Exceptions etc. to civil penalty provisions—burden of proof
175E Civil penalty provisions contravened by employees, agents or officers
Part 4‑2—Power of the court to grant remedies
Division 2—Power of the court to grant remedies
179 Other orders to compensate loss or damage
180 Orders in relation to unlawful credit activities
180A Orders to remedy unfair or dishonest conduct by credit service providers
181 Preference must be given to compensate consumers
182 Adverse publicity orders
183 Relief from liability for contravention of civil penalty provision
184 Multiple remedies may be granted
Part 4‑3—Jurisdiction and procedure of courts
Division 2—Civil proceedings
Subdivision A—Application of this Division
186 Application of this Division
Subdivision B—Conferral of civil jurisdiction
187 Civil jurisdiction of courts
188 Jurisdiction—decisions to prosecute and related criminal justice process decisions made by Commonwealth officers
189 Cross‑jurisdictional appeals
190 Courts to act in aid of each other
Subdivision C—Transfers between courts
191 Transfers—application of Subdivision
192 Transfers—exercise of transfer power
193 Transfers—criteria for transfer
194 Transfers—how initiated
195 Transfers—documents and procedure
196 Transfers—conduct of proceedings
197 Transfers—entitlement to practise as a lawyer
198 Transfers—limitation on appeals
Subdivision D—Other matters
199 Plaintiffs may choose small claims procedure
200 Costs only if proceedings brought vexatiously etc.
201 Civil proceedings not to be stayed
202 Standard of proof in civil proceedings
Division 3—Criminal proceedings
Subdivision A—Application of this Division
203 Application of this Division
Subdivision B—Conferral of criminal jurisdiction
203A Criminal jurisdiction of the Federal Court
204 Criminal jurisdiction of State and Territory courts
205 Criminal proceedings—laws to be applied
206 Criminal proceedings—how taken
207 Certain persons to assist in prosecutions
208 Privilege against self‑incrimination not available to bodies corporate in criminal proceedings
Division 4—Proceedings generally
209 ASIC’s power to intervene in proceedings
210 Evidence of contravention
211 Power of court to punish for contempt of court
Part 5‑1—Matters relating to handling records and information
Division 1A—The Registrar
Subdivision A—The Registrar
212A Appointment of the Registrar
212D Directions by Minister
212F Assisted decision making
212G Liability for damages
Subdivision B—How the Registrar is to perform and exercise functions and powers
212J Giving information to the Registrar
212K How the Registrar is to perform and exercise functions and powers
Subdivision C—Disclosure of information
212L Disclosure framework
212M Protection of confidentiality of protected information
212N Authorisation of recording or disclosure
212P Preventing disclosure of particular protected information
212Q Authorisation for purposes of Privacy Act
212R Disclosure to a court
Subdivision D—Miscellaneous
212S Extracts of information to be admissible in evidence
Division 2—Registers relating to credit activities
214 Inspection and public availability of credit registers
Part 5‑2—Documents lodged with ASIC or required by this Act
Division 2—Lodgment of documents with ASIC
216 When documents are lodged with ASIC
217 Approved forms for documents to be lodged with ASIC
218 ASIC may refuse to receive document etc.
Division 3—ASIC’s register of documents
219 Register of documents lodged with ASIC
220 ASIC may require person to give information for document registers
221 Written document setting out information from document registers is prima facie evidence of matters
Division 4—Other provisions relating to documents lodged with ASIC or required under this Act
222 Certified copy or extract of document lodged with ASIC is admissible in evidence
223 ASIC may destroy or dispose of certain documents
224 Court may order lodgment of document etc.
225 False or misleading documents
Part 5‑3—Concealment or falsification of credit books
Division 2—Prohibitions relating to the concealment or falsification of credit books
227 Concealing etc. of credit books
228 Falsification of credit books
229 Precautions against falsification of credit books
Part 5‑4—Fees imposed by the National Consumer Credit Protection (Fees) Act 2009
Division 2—Fees imposed by the National Consumer Credit Protection (Fees) Act 2009
231 Fees are payable to the Commonwealth
232 Lodgment of document without payment of fee
233 Doing act without payment of fee
234 Effect of sections 232 and 233
235 Waiver and refund of fees
236 Debts due to the Commonwealth
237 Payment of fee does not give right to inspect or search
Part 5‑5—Other administrative matters
Division 1A—Codes of conduct
Subdivision A—Approved codes of conduct
238A Approved codes of conduct
238B Variations to approved codes of conduct
238C Review of approved codes of conduct
238D Obligation to comply with enforceable code provisions
Subdivision B—Mandatory codes of conduct
238F Mandatory codes of conduct
238G Obligation to comply with mandatory code of conduct
Division 2—Other administrative matters
239 ASIC has general administration of this Act
240 Obstructing or hindering ASIC etc.
242 ASIC may arrange for use of computer programs to make decisions
243 Qualified privilege for information given to ASIC
244 ASIC certificate is prima facie evidence of matters
245 Operator of AFCA scheme may give information to ASIC
Chapter 6—Compliance and enforcement
Division 2—Investigations
247 General powers of investigation
248 Minister may direct investigations
249 Interim report on investigation
250 Final report on investigation
251 Distribution of report
Part 6‑2—Examination of persons
Division 2—Examination of persons
253 Notice requiring appearance for examination
254 Proceedings at examination
255 Requirements made of examinee
256 Examination to take place in private
256A Proceedings at examination
257 Examinee’s lawyer may attend
258 Record of examination
259 Giving to other persons copies of record
260 Copies given subject to conditions
261 Record to accompany report
Part 6‑3—Inspection of books and audit information‑gathering powers
Division 2—Inspection of books and audit information‑gathering powers
263 When certain powers may be exercised
264 ASIC may inspect books without charge
265 Notice to auditors concerning information and books
266 Notice to produce books about credit activities or credit reporting
267 Notice to produce documents in person’s possession
268 ASIC may authorise persons to require production of books, giving of information etc.
271 Powers if books produced or seized
272 Powers if books not produced
Part 6‑3A—Search warrants
Division 2—Extra application of Crimes Act search warrant provisions
Subdivision A—Basic extra application
272B Extra application of Crimes Act search warrant provisions
272C Interpretation of modifications
Subdivision B—Modifications
272D Major modifications—evidential material
272E Major modifications—who may apply for a warrant etc.
272F Major modifications—purposes for which things may be used and shared
Part 6‑4—Proceedings after an investigation
Division 2—Proceedings after an investigation
275 ASIC may bring civil proceedings
277 Power to hold hearings
278 General discretion to hold hearing in public or private