13Obligations of licensees—offence in relation to failure to cite licence number in documents

13 Obligations of licensees—offence in relation to failure to cite licence number in documents

(1) For subsection 52(2) of the Act, the following kinds of documents are prescribed: (a) a document that is required to be created or produced in accordance with Chapter 3 of the Act; (b) a printed advertisement that relates to the provision of credit to which the Code would apply; (c) a document that is required to be created, produced, given or published by a provision of the Code; (d) a document lodged with ASIC that relates to the provision of credit to which the Code would apply.

Note: Under subsection 52(3) of the Act, a person commits an offence if:

(a) the person is subject to a requirement to include and identify its Australian credit licence number in a document prescribed by the regulations; and
(b) the person engages in conduct; and
(c) the conduct contravenes the requirement.

(2) For the purposes of paragraph (1)(b), if a printed advertisement identifies more than 1 licensee, or uses a word or description that covers more than 1 licensee, subsection 52(2) of the Act is modified to provide that only 1 of the licensees must comply with paragraphs 52(2)(a) and (b) of the Act.

Note: Paragraph 110(1)(c) of the Act provides that the regulations may provide that Chapter 2 of the Act applies as if specified provisions were omitted, modified or varied as specified in the regulations.