National Consumer Credit Protection Act 2009

CHAPTER 3 - RESPONSIBLE LENDING CONDUCT  

PART 3-5A - MORTGAGE BROKERS AND MORTGAGE INTERMEDIARIES  

Division 2 - Best interests obligations  

Subdivision A - Licensees that provide credit assistance in relation to credit contracts  

SECTION 158L   APPLICATION OF THIS SUBDIVISION  

158L(1)    
This Subdivision applies in relation to credit assistance provided by a licensee to a consumer in relation to a credit contract if the licensee is a mortgage broker.

158L(2)    
However, this Subdivision does not apply in relation to credit assistance provided to a consumer in relation to a credit contract by a credit representative acting within the scope of the credit representative ' s actual or apparent authority from the licensee.

Note 1:

A credit representative in these circumstances is covered by Subdivision B of this Division.

Note 2:

The conduct of any other representative, acting within the scope of actual or apparent authority from the licensee, is taken to have been engaged in also by the licensee: see sections 324 and 325 .