Commonwealth Consolidated Regulations

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NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - REG 67

Prescribed person in relation to a declaration

    For subsection   13(3) of the Code, the prescribed person is:

  (a)   if the person who obtained the declaration from the debtor was the credit provider--a person associated with the credit provider; or

  (b)   if the person who obtained the declaration from the debtor was a person associated with the credit provider--the person associated with the credit provider; or

  (c)   if the person who obtained the declaration from the debtor was not the credit provider or a person associated with the credit provider--any of the following:

  (i)   a person who obtained the declaration from the debtor;

  (ii)   a person who referred the debtor to the person who obtained the declaration (whether the referral was for the purpose of obtaining the declaration or otherwise);

  (iii)   a person who suggested that the debtor apply for the provision of credit, and the suggestion was made during the course of, as part of, or incidentally to, a business carried on in this jurisdiction by the person;

  (iv)   a person who assisted the debtor to apply for the provision of credit, and the assistance was given during the course of, as part of, or incidentally to, a business carried on in this jurisdiction by the person.



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