Commonwealth Consolidated Regulations

NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - REG 30A

  (1)   For subsection   213(2) of the Act, ASIC must include the following details for each unlicensed carried over instrument lender in a credit register for unlicensed carried over instrument lenders:

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

  (b)   the postal address of the lender;

  (c)   if the principal business address of the lender is different from the postal address--the principal business address;

  (d)   if the lender has an ABN--the ABN;

  (e)   if the lender is required to engage in credit activities through a registered person or licensee under section   74 of the Act:

  (i)   the reason why the lender is required to engage in the credit activities through the registered person or licensee; and

  (ii)   the name of the registered person or licensee;

  (g)   whether the lender is a member of the AFCA scheme.

  (2)   For paragraph   (1)(d), ASIC may include in the credit register an alternative address to the lender's principal business address if:

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

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

  (c)   the lender 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 lender.

  (3)   If ASIC includes a lender's alternative address in the register, the lender must, in the approved form, lodge with ASIC notice of:

  (a)   the lender's residential address; and

  (b)   any change of the lender's address no later than 14 days after the change.

  (4)   ASIC may give details of the lender's residential address to an officer of a court for the purposes of enforcing a judgement debt if:

  (a)   ASIC includes the lender's alternative address in the register; and

  (b)   the court gives a judgement for payment of a sum of money against the person.