Commonwealth Consolidated Regulations

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NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - REG 29

Credit registers--licensees, credit representatives and registered persons

  (1)   For subsection   213(2) of the Act, ASIC must include the following details for each licensee included in a credit register of licensees:

  (a)   the licensee's name (including the licensee's principal business name, if any);

  (b)   the principal business address of the licensee;

  (c)   the date on which the licensee's Australian credit licence was granted;

  (d)   the number of the licensee's Australian credit licence;

  (e)   if the licensee has an ABN--the ABN;

  (f)   details of any conditions on the licensee's Australian credit licence, including details of the credit activities or classes of credit activities that the licensee is authorised to engage in;

  (ga)   whether the licensee is a member of the AFCA scheme;

  (h)   any other information that ASIC believes should be included in the register.

  (2)   Subregulation (3) applies in relation to:

  (a)   credit representatives of licensees; and

  (b)   credit representatives of registered persons.

  (3)   For subsection   213(2) of the Act, ASIC must include the following details for each credit representative included in a credit register of credit representatives:

  (a)   the credit representative's name (including the credit representative's principal business name, if any);

  (b)   the credit representative's principal business address;

  (c)   the number allocated to the credit representative by ASIC;

  (d)   the name of each licensee or registered person for which the credit representative is a credit representative;

  (e)   the:

  (i)   number of the Australian credit licence of each licensee; and

  (ii)   number allocated by ASIC to each registered person;

    for which the credit representative is a credit representative;

  (f)   if the credit representative has an ABN--the ABN;

  (g)   the date of the credit representative's authorisation by the licensee or registered person;

  (ha)   whether the credit representative is a member of the AFCA scheme;

  (i)   any other information that ASIC believes should be included in the register.

  (4)   For subsection   213(2) of the Act, ASIC must include the following details for each registered person included in a credit register of registered persons:

  (a)   the registered person's name (including the registered person's principal business name, if any);

  (b)   the principal business address of the registered person;

  (c)   the date on which the registered person's name was entered on the credit register as a registered person;

  (d)   the number allocated to the registered person by ASIC;

  (e)   if the registered person has an ABN--the ABN;

  (f)   details of any conditions on the registered person's registration, including details of the credit activities or classes of credit activities that the registered person is authorised to engage in;

  (ga)   whether the registered person is a member of the AFCA scheme;

  (h)   any other information that ASIC believes should be included in the register.

  (5)   For paragraphs   (1)(b), (3)(b) and (4)(b), if:

  (a)   the person's principal business address is the person's residential address; and

  (b)   ASIC determines, in writing, that including the person's residential address in a register would put at risk the personal safety of the person or members of the person's family; and

  (c)   the person provides an alternative address:

  (i)   that is in Australia; and

  (ii)   that is not a post office box or an electronic address; and

  (iii)   that has a connection with the credit activities engaged in by the person; and

  (iv)   at which documents can be served on the person;

ASIC may include the alternative address in the register.

  (6)   If ASIC includes a person's alternative address in the register under subregulation   (5), the person must, in the approved form:

  (a)   lodge with ASIC notice of the person's residential address; and

  (b)   lodge with ASIC notice of any change in the person's residential address within 14 days after the change.

  (7)   If:

  (a)   ASIC includes a person's alternative address in the register under subregulation   (5); and

  (b)   a court gives a judgment for payment of a sum of money against the person;

ASIC may give details of the person's residential address to an officer of the court for the purposes of enforcing the judgment debt.


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