National Consumer Credit Protection Act 2009

CHAPTER 5 - ADMINISTRATION  

PART 5-2 - DOCUMENTS LODGED WITH ASIC OR REQUIRED BY THIS ACT  

Division 2 - Lodgment of documents with ASIC  

SECTION 218   ASIC MAY REFUSE TO RECEIVE DOCUMENT ETC.  
ASIC may refuse to receive document etc.

218(1)    
If ASIC considers that a document submitted to ASIC for lodgment under this Act:

(a) contains matter contrary to law; or

(b) contains matter that, in a material particular, is false or misleading in the form or context in which it is included; or

(c) is incomplete; or

(d) contravenes this Act; or

(e) contains an error, alteration or erasure;

ASIC may refuse to receive the document and may make a request under subsection (2).

Note:

The effect of ASIC refusing to receive the document is that the document is not lodged with ASIC (see subsection 216(2) ).

218(2)    
For the purposes of subsection (1), ASIC may request:

(a) that the document be appropriately amended or completed and resubmitted; or

(b) that a fresh document be submitted in its place; or

(c) if the document is incomplete - that a supplementary document in the approved form be lodged.

Notice to provide further document or information

218(3)    
ASIC may give a written notice to a person who submits a document (the first document ) for lodgment under this Act, requiring the person to:

(a) give to ASIC any other document; or

(b) give to ASIC any information;

that ASIC considers necessary in order to form an opinion as to whether it may refuse to receive the first document.

Notice must specify day by which person must comply

218(4)    
The notice must specify the day by which the person must comply with the notice (which must be a reasonable period after the notice is given). ASIC may extend the day by giving a written notice to the person.

Requirement to comply with notice

218(5)    

The person must comply with the notice within the time specified in the notice.

Civil penalty: 5,000 penalty units.

Strict liability offence

218(6)    

A person commits an offence if:

(a) the person is subject to a requirement under subsection (5); and

(b) the person engages in conduct; and

(c) the conduct contravenes the requirement.

Criminal penalty: 120 penalty units.

218(7)    
Subsection (6) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code .