Commonwealth Consolidated Regulations

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NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - REG 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.



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